For a quantity-aggravated drug supply offence under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW), the offender must believe the substance is not less than the large commercial quantity applicable to the drug the offender believed the substance to be — not the large commercial quantity of the drug the substance actually was. Where an offender believes they are carrying Drug A but the substance is actually Drug B, the relevant large commercial quantity for the mental element is that of Drug A. This means a plea of guilty to supplying a large commercial quantity cannot stand where the offender's evidence shows they believed they were carrying a drug whose large commercial quantity far exceeds the actual weight of the substance.
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