Over the years drug offences have been rising, whether it be possession, supply or manufacturing drugs.

It was reported recently that Sydney Entrepreneur Matthew Doyle is currently facing multiple charges which could potentially have him sentenced to a lifetime in gaol.

Mr Doyle’s lived a lavish lifestyle with this wife. The couple were buying up apartments across the city and launching the “Uber of massage”. This seemingly-perfect life which came to a crashing halt when the 31-year-old was arrested by NSW Police on allegations he’d spent the past five months supplying Sydney with 300kgs of cocaine — with a street value of $85 million.

Mr Doyle, from Burraneer in Sydney’s Sutherland Shire, was charged with two counts of knowingly dealing with proceeds of crime and one count of supplying a large commercial quantity of a prohibited drug.

Mr Doyle, is currently in custody and will remain behind bars with two other men, his co-accused Jared Ramond Hart, 38, and Raoul Kesby, 28.

Before Mr Doyle’s dramatic arrest, the Sydney entrepreneur was a familiar face in the city’s social scene with his wife.

WHAT IS DRUG SUPPLY ?

You could be charged with supplying a drug of dependence if you are caught:

  1. With a certain quantity of the prohibited drug;
  2. With preparing (such as dividing the drugs into smaller packages) or manufacturing a drug;
  3. Selling the drug; and/or
  4. Buying drugs for a friend.

THE LAW

The offence of Supply Prohibited Drug is set out in section 25 of the Drug Misuse and Trafficking Act which states:

A person who supplies, or who knowingly takes part in the supply of a prohibited drug is guilty of an offence.

CASE LAW/JURISDICTION

Schedule 1 of the Drug Misuse and Trafficking Act sets out the small, traffickable, indictable, commercial and large commercial quantities for each prohibited drug.

Where the amount exceeds the indictable quantity, this matter is strictly indictable which means that it cannot be finalised in the Local Court. Strictly indictable matters usually go to the District Court.

Where the amount does not exceed the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Where the amount does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

According to the case law of R v Gu [2006] NSWCCA 104, unless truly exceptional circumstances exist there is a clear line of authority that a full-time custodial sentence ought to be imposed wherever the offender has been “substantially involved in supply”.

WHAT MUST THE PROSECUTION PROVE?

Since Supply a prohibited drug is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Supply a prohibited drug.

To establish Supply, the prosecution must prove each of the following matters beyond reasonable doubt;

  • That you supplied; or
  • Knowingly took part in the supply of;
  • A prohibited drug.

The offence of supplying a prohibited drug carries a maximum penalty of 5,500 penalty units ($605,000) and/or life imprisonment. Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

Small quantity Traffickable quantity Indictable quantity Commercial quantity Large Commercial quantity
Cannabis leaf 30.0g 300.0g 1,000.0g 25.0kg 100.0kg
Ecstasy 0.8g 3.0g 5.0g 250.0g 1.0kg
Cocaine / Heroin / Amphetamine 1.0g 3.0g 5.0g 250.0g 1.0kg

To read more about this offence, click on the link.

If you are going to court for a drug supply charge, call National Criminal Lawyers to arrange a free first conference!

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