Will I Go To Jail For First-Time Drug Supply?

June 23, 2023    criminaldefencelawyersperthwa
Will I Go To Jail For First-Time Drug Supply?

Illegal Drugs have become a menace to society. It’s no use ignoring the fact that the consumption of drugs transformed from the leisure activity of high-class people to the addiction of almost all societal strata. The drug carriers keep the supply pipeline alive, but not all are hardened criminals or willing participants.

Suppose you get caught in a drug supply case, even if for the first time – involving the most proficient perth criminal lawyers for your defense is best. Penalties for drug supply vary from country to country but are severe in all of them.

A rapid and aggressive crime

The market for illicit drug trade has several branches – production, manufacturing, packaging, and transportation. Several reasons exist for someone to get involved with the drug trade – need for quick money, threat, or just plain criminal intent. The forces of law and order have created specialized teams worldwide, among which the Drug Enforcement Authority (DEA), and National Crime Agency (NCA), UK are well-known.

Still, its reach is unprecedented, and malicious forces have penetrated the federal structure in several countries.
The situation’s severity is evident from the National Drug Strategy Household Survey (NDSHS) statistics. Even in 2009, approximately 9 million (43%) people of age 14 and more have used a drug illegitimately in their lifetime (including the use of medicines for recreational and non-pharmaceutical purposes), and a projected value of 3.4 million (16.4%) have used them in a year.

In addition, the preliminary estimates in a new report by the Drug Trends program at the NDARC (National Drug and Alcohol Research Centre) state the death toll of 1788 drug-induced death among Australians in 2021, comprising five drug-induced death daily and 1% of all registered deaths in Australia. The hugely magnified fee for successful delivery to the buyers is a huge incentive to individuals who have fallen upon hard times, out to make a quick buck without honest effort, and seasoned lawbreakers with no concern about using innocent and trusting souls.

What is considered an illegal drug?

Illegal drugs are pharmaceutical and chemical agents not cleared by the relevant federal authority of the country, including well-known recreational drugs like cocaine or its derivative crack, medicinal drugs like codeine, and even every day- use things like glue. These are classified below for easy understanding:

Pharmaceuticals – Medications accessible from a pharmacy, over-the-counter, or by prescription, which may be used non-medically (defined as the use for purposes, or in amounts, other than for the remedial purposes for which they were approved). Examples include benzodiazepines, opioid-based medications for pain relief, opioid substitution therapies, and steroids.

Additional psychoactive substances – Illegal or legal materials used to harm human health potentially.Mostly, drug–supply cases fall under the second category. Without the help of the most creditable Perth criminal lawyers, presenting your case and getting the optimum results will be very hard.

What constitutes a first-time drug supply charge?

In plain words, a drug supply offence will be applicable if the accused is found to distribute, sell, or supply banned drugs. If the detained individual has no previous record of such a crime, it will be considered a first-time drug supply offence. According to the Drug Misuse and Tracking Act 1985 (NSW), the supply of drugs is defined as:
“Supply comprises of retailing and allocating, also including assenting to supply, or proposing to supply, or possessing or having in custody for supply, or transferring, forwarding, transporting or receipt for supply, or sanctioning, suffering, leading, causing, allowing or make an attempt for any of those acts or things.”

The commonest drug supply charges are:

  • Distributing an illegal drug
  • Deemed Supply
  • Constant Supply
  • Delivering to minor

Local or district Australian courts can deal with any drug supply offence, as this crime falls under ‘indictable offenses.’ The person accused and arrested for drug supply will receive a court attendance notice. This document will notify the receiver in detail about the charge, along with the name of the court where the cases will be heard and the hearing date.

Is incarceration mandatory in first-time drug supply cases?

Most drug offenses will penalize the convict with maximum punishment, including imprisonment. However, it doesn’t ensure a jail sentence. The court can rule on several alternative punishments for drug supply convictions considered more favorable than a jail sentence.

After considering several case-related aspects, the judge and magistrate presiding over the case will give out the penalty verdict. Some of these include:

  • The severity of the criminality.
  • Circumstances around the crime.
  • Probability of recurrence
  • Any remorse exhibited
  • If the crime displayed violence or the convict intended to harm another person.
  • Any previous convictions.

It is better to call upon the services of the most recommended firm of Drug Offence Lawyers to arrange and present your case appropriately.


The court has to follow the set rules, and according to the Crimes (Sentencing Procedure) Act 1999, section 5, it can only sentence the convict to imprisonment if it has considered all alternatives and is assured about the appropriateness of the jail sentence. Suppose the convict is a first-time offender whose crime was non-violent and who didn’t show any wish to harm another person. In that case, the presiding judge will most possibly give a merciful penalty verdict not involving incarceration. However, the presentation of the case before the court, the analysis of evidence, the quantity of the drug impounded, and the reason for committing this unlawful deed will hugely affect the outcome. Therefore, it is crucial to ensure the involvement of professional and experienced lawyers.

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