Manufacture Prohibited Drug
What is Manufacture a Prohibited Drug?
Under Section 24 of the Drug Misuse and Trafficking Act 1985, it is an offence for a person to manufacture a prohibited drug.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused directly manufactured or produced a prohibited drug
The accused knowingly took part in an organisation or enterprise that manufacture or production of the prohibited drug
Going to Court – "What am I looking at?"
The maximum penalty for manufacturing a prohibited drug is a fine of up to $220,000 and/or imprisonment of up to 15 years.
The Courts treat this type of offence very seriously, however, the level of involvement as well as the quantity of the drug manufactured plays a large role in determining the sentencing process. If the quantity of the prohibited drug that is being manufactured exceeds the indictable quantity, the matter will become strictly indictable and will be heard in the District Court, as opposed to remaining in the Local Court.
The penalties can range from fines for low end amounts of $5,500 and 2 years imprisonment to more serious offences carrying up to $550,000 in fines and life imprisonment.
For the most common manufactured drugs, the quantity of drug is crucial to determining the type of charge and penalty an accused is faced.
What about Synthetic drugs?
A synthetic drug has been physically manufactured with chemicals and other components that are designed to produce the same effects as prohibited drugs.
It is an offence to supply, manufacture or even advertise a synthetic drug if it has the capacity to produce a psychoactive effect. The maximum penalty is up to 2 years imprisonment and/or a fine of up to $2,200.
Lawyer Call here to help..
At Lawyer Call, we strive to achieve the best possible results for all our clients, with a skilled group of Lawyers and Barristers able to assist you with your matter. For very serious Drug cultivation charges, it is crucial to secure the services of a strong legal team. Lawyer Call briefs some of the State’s most respected and trusted Barristers with vast experience in Drug Offences, and together will continuously provide you with legal assistance and preparation. For pleas of guilty, we place a huge emphasis on addressing the objective seriousness of the offence, the likelihood of reoffending, and the prospects of rehabilitation, in an attempt to show that a non-custodial sentence is perhaps more appropriate. We believe that there are cases where Judges should be permitted to shift away from the usual sentencing principles of issuing a term of imprisonment on an accused for such matters.
Contact Lawyer Call today for expert advice from a Drug Offence Solicitor.