Drug Manufacture
Production or manufacture of prohibited drugs is an offence under Section 24(1) of the Drug Misuse and Trafficking Act 1985 (NSW). Manufacture involves the process of extracting or refining a prohibited drug.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You manufactured or produced, or knowingly took part in the manufacture or production of
A prohibited drug as per Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW)
Maximum Penalties
Small Quantity
The maximum penalty is a fine of 50 penalty units ($5,500) and/or imprisonment for 2 years.
Indictable Quantity
The maximum penalty in the Local Court is a fine of 100 penalty units ($11,000) and/or 2 years imprisonment. The maximum penalty in the District Court is 2,000 penalty units ($220,000) and/or 15 years imprisonment. The maximum penalty is a fine of 2,000 penalty units ($220,000) and/or imprisonment for 10 years for offences relating to cannabis leaf or plant.
Commercial Quantity
The maximum penalty is a fine of 3,500 penalty units ($385,000) and/or imprisonment for 20 years.
The maximum penalty is a fine of 3,500 penalty units ($385,000) and/or imprisonment for 15 years for offences relating to cannabis leaf or plant.
Large Commercial Quantity
The maximum penalty is a fine of 5,000 penalty units ($550,000) and/or life imprisonment.
The maximum penalty is a fine of 5,000 penalty units ($550,000) and/or imprisonment for 20 years for offences relating to cannabis leaf or plant.
There are a wide range of penalties that may be imposed on an individual if found guilty of this offence. The penalty received will heavily depend on the quantity of the prohibited drug/substance found by police. The Court will also consider the circumstances surrounding the offence, including past criminal history, method of manufacture, and financial gains to determine the most appropriate sentence.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
You are a person that is licenced or authorised to manufacture a prohibited drug under the Poisons and Therapeutic Goods Act 1966 (NSW).
You are a person acting under a poppy licence under the Poppy Industry Act 2016 (NSW).
You are acting under an authority granted by the Secretary of the Department of Health and the manufacture of the prohibited drug is for scientific research, instruction, analysis, or study.
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)