Background of Charges and Police Investigation
Our client was charged with seven counts of supplying cannabis, a serious offence under New South Wales law. The allegations arose after police found over 4 kilograms of cannabis, more than $20,000 in suspected proceeds of crime, and various branded luxury items in the client’s vehicle and residence. Given the quantity of drugs and value of the alleged proceeds, the case was escalated to the Office of the Director of Public Prosecutions (ODPP) for more serious handling.
Applicable Drug Supply and Proceeds of Crime Laws in NSW
Under the Drug Misuse and Trafficking Act 1985 (NSW), penalties for drug-related offences depend on the type and quantity of the prohibited substance. For most substances, the weight is calculated as the total amount, not the pure content. Cannabis is treated differently, with its own defined thresholds.
To prove a charge of supply, the prosecution must establish beyond reasonable doubt that:
- A person supplied, or knowingly took part in the supply of
- A prohibited drug.
The Act also defines "knowingly took part" to include:
- Taking part in any step of the manufacturing process
- Providing or arranging funding for such a process
- Providing or allowing premises to be used for such activities.
Cannabis supply offences fall into categories based on quantity: small, traffickable, indictable, commercial, and large commercial. Where the amount is below the commercial quantity, section 23(1) of the Act prescribes a maximum penalty of 10 years imprisonment and/or a fine of 2,000 penalty units.
In addition, under section 193C of the Crimes Act 1900 (NSW), dealing with property reasonably suspected to be proceeds of crime is a separate offence. If the property exceeds $100,000 in value, the maximum penalty increases to 5 years imprisonment.
Legal Defence Strategy and Favourable Sentencing Outcome
Our client had been under active investigation by NSW Police for over two months before being arrested in Sydney. Following the arrest, police executed a search warrant on the client’s home, uncovering further quantities of cannabis, cash, and high-value branded goods. These items were claimed to be derived from the supply of prohibited drugs.
Due to the amount and value of the seized items, the matter was referred to the ODPP. Once Brightstone Defence received the brief of evidence, we conducted a thorough analysis and advised our client on all legal options. Before the case progressed to a formal hearing, we entered into strategic discussions with both the police and prosecution.
We prepared supporting documentation to demonstrate the legitimate sources of the cash and branded items. As a result, the prosecution withdrew all charges relating to the alleged proceeds of crime. The matter was subsequently downgraded and returned to the Local Court from the District Court, where sentencing options are more favourable.
Of the seven cannabis supply charges, Brightstone Defence successfully negotiated the withdrawal of three. This reduced the total alleged drug weight by nearly half. At the sentencing hearing in the Downing Centre Local Court, we presented strong evidence highlighting our client’s positive character, the limited nature of the offending, rehabilitation efforts, and the low risk of reoffending.
Ultimately, the court imposed a 16-month Community Correction Order with no additional conditions. The result meant that our client avoided a custodial sentence despite the seriousness of the original allegations.
Frequently Asked Questions (FAQ)
- What are the penalties for supplying cannabis in NSW?
Penalties vary based on quantity. For amounts below commercial levels, a conviction can carry up to 10 years imprisonment or heavy fines.
- Is possession of cash or valuables enough to be charged with proceeds of crime?
If police reasonably suspect these are derived from criminal activity, charges can be laid. Legal advice is crucial in such cases.
- Can drug supply charges be downgraded or dismissed?
Yes, with strong legal representation, charges may be withdrawn, downgraded, or resolved with non-custodial outcomes depending on the evidence.
Get Legal Help from Brightstone Defence
If you are facing drug-related charges involving cannabis or other substances, early legal advice can significantly influence the outcome. At Brightstone Defence, our experienced team provides tailored strategies to protect your rights and reduce your legal exposure. Contact us today for a confidential consultation and expert guidance through the criminal justice process.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
