What Is Deemed Supply of Drugs in NSW?

Many people are shocked to learn they can be charged with drug supply even if police have no evidence they sold, exchanged or gave drugs to another person.

Under NSW law, possessing more than a prescribed quantity of certain prohibited drugs can create a legal presumption that the drugs were possessed for the purpose of supply. This is known as deemed supply.

A deemed supply allegation is far more serious than simple drug possession and can expose you to significant penalties, including imprisonment.

If you’ve been charged with deemed supply, obtaining legal advice immediately is essential. Michael Confos is a criminal lawyer in Sydney who regularly represents clients facing serious drug charges throughout NSW. Call today for a free consultation to discuss your case before making important decisions about your matter.

What Is Deemed Supply?

Deemed supply is a legal presumption created under the Drug Misuse and Trafficking Act 1985 (NSW).

If police allege you possessed more than the legislated trafficable quantity of a prohibited drug, the law may presume you possessed those drugs for the purpose of supply rather than personal use.

This means police do not necessarily need evidence that you actually sold or supplied drugs.

How Does Deemed Supply Work?

Unlike an ordinary drug supply charge, deemed supply is based primarily on the quantity of drugs allegedly possessed.

If the prosecution proves you possessed more than the prescribed trafficable quantity, the law allows the court to presume the drugs were intended for supply unless that presumption is successfully challenged.

Because these cases involve complex legal principles, obtaining advice early is extremely important. Michael Confos can review the evidence, explain whether the presumption applies to your case and advise you on the best strategy moving forward.

What Is a Trafficable Quantity?

Every prohibited drug has a legislated trafficable quantity.

These quantities differ depending on the substance involved.

If police allege you possessed more than the applicable trafficable quantity, they may lay a charge of deemed supply rather than simple possession.

The exact quantity is determined by the legislation and confirmed through forensic testing.

Does Police Need Evidence That I Sold Drugs?

No.

This is one of the biggest misconceptions about deemed supply.

Police do not necessarily need evidence that:

• you sold drugs;

• you exchanged drugs for money;

• another person purchased drugs from you; or

• anyone actually received drugs from you.

Instead, the allegation is based upon the legal presumption arising from the quantity allegedly possessed.

Can I Still Defend a Deemed Supply Charge?

Absolutely.

A deemed supply allegation does not automatically result in a conviction.

Possible defences may include:

• the drugs were solely for personal use;

• the quantity has been incorrectly calculated;

• the substance is not a prohibited drug;

• you did not possess the drugs;

• police conducted an unlawful search;

• the prosecution cannot prove possession; or

• the statutory presumption does not apply.

Every case should be individually assessed before deciding whether to plead guilty or not guilty.

If you’re unsure whether police should have charged you with possession or supply, you may also wish to read ⁠What Is Drug Possession in NSW? and ⁠What Is Drug Supply in NSW?.

What Are the Penalties for Deemed Supply?

Deemed supply carries substantially more serious penalties than simple possession.

When determining an appropriate sentence, the court may consider:

• the type of prohibited drug;

• the quantity involved;

• your criminal history;

• your level of involvement;

• whether you pleaded guilty;

• evidence of rehabilitation; and

• your personal circumstances.

Possible sentencing outcomes include:

• a Conditional Release Order;

• a Community Correction Order;

• an Intensive Correction Order;

• substantial fines; or

• imprisonment.

The maximum penalty depends on both the type and quantity of the prohibited drug.

If you’re concerned about the consequences of being charged, you may also find ⁠What Happens If You Are Caught with Drugs in NSW? helpful.

What Should I Do If I’ve Been Charged?

If you’ve been charged with deemed supply, you should:

• obtain legal advice immediately;

• exercise your right to obtain advice before participating in a police interview;

• comply with any bail conditions;

• preserve any evidence that may assist your defence; and

• begin preparing your case well before your first court appearance.

The decisions made during the early stages of a criminal prosecution can significantly affect the outcome of your case. If you’ve been charged with deemed supply, contact Michael Confos today for a free consultation to discuss your legal options before attending court.

Frequently Asked Questions

What is deemed supply?

Deemed supply is a legal presumption that applies when a person possesses more than the legislated trafficable quantity of certain prohibited drugs.

Does deemed supply mean police caught me selling drugs?

No. Police do not necessarily need evidence of an actual sale. The allegation is based upon the statutory presumption created by the quantity of drugs allegedly possessed.

Can I challenge a deemed supply charge?

Yes. Every deemed supply allegation should be carefully reviewed to determine whether any legal defences are available.

Is deemed supply more serious than possession?

Yes. Deemed supply generally attracts significantly higher penalties than simple drug possession.

Key Legislation

Deemed supply offences are primarily governed by:

• Drug Misuse and Trafficking Act 1985 (NSW)

• Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

• Crimes (Sentencing Procedure) Act 1999 (NSW)

These Acts establish the deemed supply provisions, police investigative powers and the sentencing framework applied by NSW courts.

Relevant Case Law

In deemed supply matters, NSW courts determine whether the prosecution has established the statutory presumption and whether the accused has successfully rebutted that presumption.

Each case turns on its own facts, including the quantity allegedly possessed, the surrounding evidence and whether the prosecution can prove the legal elements of the offence beyond reasonable doubt.

Accused of Deemed Supply?

A deemed supply charge is one of the most serious drug offences prosecuted in NSW. While the allegation may appear overwhelming, a charge does not automatically mean you will be convicted. Early legal advice can help you understand the evidence, identify available defences and prepare the strongest possible case before court.

Michael Confos is a criminal lawyer in Sydney who regularly represents clients charged with deemed supply, drug supply, drug possession and other serious criminal offences throughout NSW. Call Michael Confos today for a free consultation to discuss your case, understand your rights and receive practical legal advice before your next court date.

You may also find these articles helpful:

• ⁠Drug Offences Lawyer Sydney

• ⁠What Happens If You Are Caught with Drugs in NSW?

• ⁠What Is Drug Possession in NSW?

• ⁠What Is Drug Supply in NSW?

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship. If you require legal advice about a deemed supply charge or any other criminal matter, you should obtain advice from a qualified Australian lawyer.