Section 25A(1) of the Drug Misuse & Trafficking Act 1985 (NSW) requires proof that the person who carried out the three or more supplies personally received the financial or material reward; it is not sufficient to show merely that the supplies were commercial in nature. The District Court decision in Ayyildiz to the contrary is erroneous and should not be followed. A conviction entered on a plea of guilty may be set aside where the evidence was incapable in law of supporting the charge, constituting a miscarriage of justice under s 6(1) of the Criminal Appeal Act 1912 (NSW).
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