- Kennedy v R  NSWCCA 49
- Kahil v R  NSWCCA 56
Ongoing supply – sentencing range
The Court of Criminal Appeal (‘CCA’) has examined the sentencing range for ongoing supply – which is due to become a Table 1 offence soon – and held that at least in the circumstances of this case, no penalty other than a conviction was necessary.
The applicant was a 20-year-old university student and user of MDMA and LSD. Undercover police officers convinced her to supply them MDMA on three occasions, to a total amount of 2.79g; the sentencing judge was satisfied these were the only occasions on which she had ever supplied a prohibited drug. Having herself developed a habit, the applicant started buying MDMA in bulk. A friend, having seen the applicant’s drug use, gave the applicant’s number to an undercover officer who was looking to buy drugs in Newtown. The applicant denied initiating contact with the police or encouraging any repeated contact. Nevertheless, having received a financial reward on each occasion (amounting to an estimated profit of $50 each time) she was duly charged with ongoing supply.