Penalties & outcomes
Will I go to jail for drug supply in NSW?
The short answer: Supply is where NSW courts get genuinely tough: for indictable quantities, full-time imprisonment is a common outcome, and for large commercial quantities it is close to inevitable on conviction. But supply cases are also among the most defensible, because they often rest on searches, phones and inferences that can be challenged.
Maximum penalties
| Charge | Maximum |
|---|---|
| Supply (less than commercial quantity) | Up to 15 years imprisonment |
| Supply (commercial quantity) | Up to 20 years imprisonment |
| Supply (large commercial quantity) | Up to life imprisonment |
| Ongoing supply | Separate offence with its own significant maximum |
Maximum penalties are the ceiling for the worst category of case, not the likely outcome. Figures general as at publication; confirm current penalties with a lawyer.
What courts actually do
Sentences turn heavily on quantity, role and plea. A street-level supplier and a principal face very different outcomes; so do a first offender and a repeat one. Courts must weigh general deterrence, which pushes serious supply toward custody.
Before sentence ever matters, the case itself deserves attack. We have had supply charges withdrawn entirely after unlawfully obtained evidence was excluded, and supply acquittals at trial. The first question is never 'how do I plead' but 'what can they actually prove'.
Common questions
The drugs weren't mine, I was holding them. Does that matter?
Possibly, a great deal. Supply requires proof against you, and 'deemed supply' presumptions can be rebutted. These are exactly the questions to work through with a lawyer before any interview or plea.
Can a supply charge be beaten?
Yes. Supply prosecutions frequently rest on searches, telephone material and inference. Where the search was unlawful or the inference doesn't hold, charges have been withdrawn or defeated at trial. Our results include both.
This page is general information about NSW law, not legal advice, and penalties change. For advice about your situation, contact us.
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