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Drug Manufacture
Criminal Defence Factsheets
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In NSW, the crime of drug manufacturing falls under section 24 of the Drug Misuse and Trafficking Act 1985 (NSW).
Manufacturing a drug means you have allegedly been caught:
- preparing,
- producing,
- processing,
- packaging, or
- labelling, an illegal substance.
A charge of manufacturing drugs should be taken 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 be:
- 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 set out below. In this table, quantities are rounded down. For example, 450g of Methylamphetamine falls into the commercial quantity, not large commercial.
| Quantity | Heroin | Ecstacy | Methlyamphtamine | Cocaine | Maximum Penalty |
|---|---|---|---|---|---|
| Small | 1 gram | 0.25 grams | 1 gram | 1 gram | 2 years imprisonment and/or a $5,500 fine |
| Indictable | 5 grams | 1.25 grams | 5 grams | 5 grams | 15 years imprisonment and/or $220,000 fine |
| Commercial | 250 grams | 125 grams | 250 grams | 250 grams | 20 years imprisonment and/or $385,000 fine |
| Large Commercial | 1 kilogram | 500 grams | 500 grams | 1 kilogram | Life imprisonment and/or $550,000 fine |
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.
Why choose O’Brien Criminal & Civil Solicitors?
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.
Case Study – Charges successfully reduced for drug manufacture
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.
