A Kiama man's attempt to overturn his conviction for commercial drug supply has been dismissed by the Court of Criminal Appeal, solidifying the legal principle that possession of a large quantity of an illicit substance is deemed supply under New South Wales law.
The Traffic Stop That Unravelled a Drug Cache
The case began in December 2022, when police pulled over Adrian Hilary Barber's car. During the search of his vehicle, officers uncovered methamphetamine, buprenorphine, and a significant find: 96.5 grams of butanediol, commonly known as 'bute', concealed in a hidden compartment within the car's boot.
This discovery prompted investigators to obtain a search warrant for Barber's residence. The subsequent search of his home proved even more revealing. Inside a safe, police located three bottles containing a combined total of 1,008.7 grams of butanediol, pushing the total amount found well over a kilogram.
The Trial and the Defence of Personal Use
While Barber pleaded guilty to charges of supplying methamphetamine and possessing two prohibited flick knives, he elected to have a judge-alone trial in the District Court to defend the more serious allegation of supplying a commercial quantity of butanediol.
His defence centred on the argument that the massive quantity of the drug was intended for his own personal consumption. The court also heard evidence suggesting Barber was a heavy user of the substance. Despite this, Judge Huw Baker found him guilty of the commercial supply charge, though he did accept that Barber intended to use some of the drug himself.
This verdict led to a sentence of five years and seven months' imprisonment, with a non-parole period of three years and seven months.
The Legal Appeal and a Deemed Supply Law
Barber launched an appeal against his conviction, arguing it was unreasonable and not supported by the evidence. His legal team contended that the prosecution was required to prove he intended to supply a commercial quantity, and that his personal use would have reduced the remaining amount below the commercial threshold.
However, the Court of Criminal Appeal delivered a decisive ruling. The judges found the appeal was destined to fail due to the specific wording of the state's drug laws. The legislation states that the entire amount of a drug found in a person's possession is deemed to be for supply if it meets the commercial quantity.
The court explicitly ruled that there was no legal mechanism to distinguish a quantity intended for personal use in such cases, dismissing the argument that the deemed supply law did not apply when some personal use was established.
With his appeal dismissed, and with time already served, Adrian Hilary Barber will become eligible for parole in July 2026.
