Drug Manufacture | Factsheet
Drug Manufacture | Factsheet
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The legislation controlling drug possession and supply charges is the Drug Misuse and Trafficking Act 1985 (NSW) (‘the Act’)
In NSW, the crime of drug manufacture falls under section 24 of the Drug Misuse and Trafficking Act 1985 (NSW).
Manufacturing a drug means you have police have allegedly caught you:
- preparing,
- producing,
- processing,
- packaging, or
- labelling, an illegal substance.
You should take a charge of manufacturing drugs seriously. The potential penalty can climb up to life in prison.
O’Brien Criminal & Civil Solicitors can provide you with specialist advice in relation to drug manufacture as an accredited specialist criminal law firm.
Prohibited drugs include;
- cocaine;
- methylamphetamine (ice, meth);
- amphetamine;
- heroin;
- ecstasy/MDMA;
- and more.
What Does It Mean To Have 'Taken Part' In Manufacturing Drugs?
To have ‘taken part’ in manufacturing drugs, you would:
- taking any steps in the process of that manufacture;
- participating in any steps in the process of that manufacture;
- causing any steps to be taking in the process of that manufacture;
- providing or arranging finance for any step in the process of that manufacture;
- providing the premises, where such steps can take place, where the accused is either the owner, occupier or lessee or is involved in participating in the management of this.
Is There A Difference Depending On How Much Was Manufactured?
Yes. The maximum term of imprisonment depends on the type of drug and quantity. The differences are in the table below. In this table, we round the quantities down. For example, 450g of Methylamphetamine falls into the commercial quantity, not large commercial
Case Study
Facts
Outcome
Facts
Police executed a search warrant at Tim’s address. In this search, they located items they believed were used in the manufacture of prohibited drugs. The drugs were in the form of liquid methylamphetamine.
Tim was charged with three offences:
- Manufacture prohibited drug under s24(2) Drug Misuse and Trafficking Act 1985 (NSW);
- Possess unregistered firearm under s36(1) Firearms Act 1996 (NSW); and
- Knowingly deal with proceeds of crime, contrary to section 193C Crimes Act 1900 (NSW).
The manufacture of prohibited drugs comes with a large potential sentence. The police located an amount of methylamphetamine that falls into the category of a commercial quantity. This would entail a maximum penalty of 20 years imprisonment and/or a $385,000 fine.
O’Brien Criminal & Civil Solicitors submitted that the offence of manufacture was not made out by the prosecutor.
Outcome
We negotiated with the prosecution and Tim pleaded guilty to one count of supply and two counts of firearm offences. This reduction in charges allowed Tim to stay out of jail.
Tim received a three-year ICO order with conditions that included good behaviour, supervised by Blacktown Community Corrections, a 6-month curfew, community service and to abstain from illicit drugs.
I've Been Charged With An Offence Under Section 24 Of The Drug Misuse And Trafficking Act 1985 (NSW) - What Do I Do Now?
Contact O’Brien Criminal & Civil Solicitors immediately. If you are eligible for legal aid we can assist you in applying for a grant to cover the cost of your proceedings.
How we Can Help
O’Brien Criminal and Civil Solicitors have accredited specialists in criminal law available to assist you on your matter. Our support staff can assist you in applying for a legal aid grant should you be eligible.
We strongly believe that everyone is entitled to a respectful and strong representation.
Contact us today for your free initial consultation with one of our criminal defence solicitors. We have offices in Sydney and are able to represent people throughout NSW and Australia.
O’Brien Criminal & Civil Solicitors is a full-service criminal defence law firm meaning that we provide legal advice on both criminal and civil law. After the completion of your criminal case, we can continue to represent you in your civil matter (if one exists). We have represented many clients in their criminal matters and then proceeded to assist them in making a civil claim against the police for unlawful arrest and false imprisonment, or suing a publisher for defamation.
Your first consultation with one of our criminal lawyers is free. This is your opportunity to speak to us about your case and for us to discuss with you what your options are. If you choose to proceed with our services we will provide you with a cost agreement that sets out your legal fees. O’Brien Criminal and Civil Solicitors provides cost-effective and professional legal advice compared with other law firms. In some instances, we offer reduced fees or pro bono services at the discretion of our Principal. We can also assist you in applying for Legal Aid if you are eligible. Speak to us if you have concerns regarding your ability to pay your legal fees and we can discuss the possibility of accommodating your circumstances.
Our criminal lawyers have handled cases in courts across NSW at Local Courts, District Courts and the NSW Court of Criminal Appeal. They have a wealth of experience in assisting clients with bail applications, trials, sentencing hearings and appeals to name a few.
Our team includes Accredited Specialists in Criminal Law.
Specialist Accreditation is a structured peer to peer assessment process enabling legal practitioners to be recognised for their expertise. To be accredited specialists must pass a series of meticulous assessments on both legal knowledge and its application in practice. To retain their accreditation specialists must undertake significant additional professional development in their area of expertise each year.
O’Brien Criminal and Civil Solicitors utilises a trauma-informed lawyering approach when interacting with our clients. We understand that you have dealt with traumatic events and that engaging with authorities and courts is a stressful experience that might re-traumatise you. For this reason we are sensitive to your mental and emotional needs and will assist you in an appropriate manner. Read more about our thoughts on trauma-informed lawyering.
