Suppose Johnny has in his possession 6 grams of methamphetamine.
3 grams is the trafficable quantity of methamphetamine. As Johnny has twice that amount, he is deemed to have the drug in his possession for supply, unless he can prove that he had it in his possession for a reason other than supply.
WHAT IS SUPPLY?
Supply has a broad definition and includes:
- selling and distributing;
- agreeing to supply;
- offering to supply;
- sending, forwarding, delivering or receiving for supply;
- or authorising, directing, causing, permitting or attempting any of those acts or things.
(Drug Misuse and Trafficking Act 1985 (NSW) s3)
WHAT WILL HAPPEN TO JOHNNY?
If Johnny is convicted of supplying a prohibited drug the sentence he receives will be dependent on the range of factors outlined in (s21A of the Crimes Sentencing Procedure Act 1999) and the appropriateness of each sentencing option in holding Johnny accountable for his actions, protecting the community and deterring the commission of similar offences.
The maximum penalty Johnny could face is a fine of 2000 penalty units ($200,000), imprisonment for 15 years, or both.
If you have been charged with a drug related offence the Solicitors at Everingham Solomons can assist you in preparing and presenting your case to obtain the best possible result because Helping You is Our Business.
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