A plea of guilty entered on the basis of counsel's erroneous advice that possession of a traffickable quantity of a prohibited drug constitutes a 'deemed supply' irrespective of the accused's claim of personal use gives rise to a miscarriage of justice. Under s 29 of the Drug Misuse and Trafficking Act 1985 (NSW), the deemed supply presumption arising from possession of a traffickable quantity is rebuttable where the accused proves possession was otherwise than for supply.
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