cram
Bench
- Messages
- 3,396
I am just goint to talk in general terms here about the offence of supply as I have no idea of the details related to the case involving the aforementioned players.
Supply of drugs is an offence under the NSW Statutes the definition of supply is wide as is the definition of sell under the Act.
"supply" includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
"sell" includes sell whether by wholesale or retail and barter and exchange, and also includes dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
http://www.austlii.edu.au/au/legis/nsw/consol_act/dmata1985256/s3.html#supply
The issues applying to whether the charges are dealt with summarily have been alluded to by Mac in a previous post.
In my experience a charge of supply can be applied for simply passing a "joint" from one person to another, if the other elements of the offence can be proved.
On the other hand supply can be the major supply of large amounts of the prohibiited substance.
So there can be very wide variances relating to the charge.
Supply of prohibited drugs is illegal, we all know that.
What we don't know is the details in this particular case.
The details may have no impact on your opinion but then again they may, so maybe we need to just wait and see how this particular case pans out.
For those that are interested the quanities of prohibiited drugs that meet trafficable, indictable, small quanity etc are found in this table.
http://www.austlii.edu.au/au/legis/nsw/consol_act/dmata1985256/sch1.html
Supply of drugs is an offence under the NSW Statutes the definition of supply is wide as is the definition of sell under the Act.
"supply" includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
"sell" includes sell whether by wholesale or retail and barter and exchange, and also includes dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
http://www.austlii.edu.au/au/legis/nsw/consol_act/dmata1985256/s3.html#supply
The issues applying to whether the charges are dealt with summarily have been alluded to by Mac in a previous post.
In my experience a charge of supply can be applied for simply passing a "joint" from one person to another, if the other elements of the offence can be proved.
On the other hand supply can be the major supply of large amounts of the prohibiited substance.
So there can be very wide variances relating to the charge.
Supply of prohibited drugs is illegal, we all know that.
What we don't know is the details in this particular case.
The details may have no impact on your opinion but then again they may, so maybe we need to just wait and see how this particular case pans out.
For those that are interested the quanities of prohibiited drugs that meet trafficable, indictable, small quanity etc are found in this table.
http://www.austlii.edu.au/au/legis/nsw/consol_act/dmata1985256/sch1.html
Last edited: