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Manufacture a Prohibited Drug

Drug Offences – NSW

Welcome to the NSW Manufacture a prohibited drug article page. Everything you need to know about Manufacture a prohibited drug according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Manufacture a prohibited drug

According to NSW Law for the charge of Manufacture a prohibited drug:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
16970 Manufacture cannabis > indictable & < commercial quantity-T1
16971 Manufacture cannabis >= commercial quantity-SI
3179 Manufacture prohibited drug
16955 Manufacture prohibited drug <= small guantity-T2
16957 Manufacture prohibited drug > indictable quantity (not cannabis)-SI
16956 Manufacture prohibited drug >small & <=indictable quantity-T1
68376 Take part in manufacture or production of prohibited drug
68375 Take part manufacture cannabis > indictable & < commercial quantity-T1
68377 Take part manufacture etc prohibited drug<=small quantity-T2
68378 Take part manufacture etc prohibited drug>indictable quantity-SI
68379 Take part manufacture prohibited drug >small <=indictable quantity-T1
59704 Manufacture etc drug and expose child <=small quantity-T2
59705 Manufacture etc drug and expose child-<=indictable quantity-T1
59706 Manufacture etc drug-expose child >indictable
63598 Take part manufacture drug expose child >indictable
68380 Take part manufacture etc drug expose child <=small quantity-T2
68381 Take part manufacture etc drug expose child-<=indictable quantity-T1
3180 Manufacture prohibited drug >= commercial quantity-SI
63587 Manufacture prohibited drug >= large commercial quantity-SI
68383 Take part manufacture etc prohibited drug >=commercial quantity-SI
68384 Take part manufacture prohibited drug >= large commercial quantity-SI
59708 Manufacture etc large commercial quantity-expose child-SI
59707 Manufacture/produce commercial quantity drug-expose child-SI
59707 Manufacture/produce commercial quantity drug-expose child-SI
68389 Take part manufacture etc commercial quantity drug-expose child-SI
68390 Take part manufacture etc large commercial quantity-expose child-SI

The Maximum Penalty – Manufacture a prohibited drug

According to NSW Law for the charge of Manufacture a prohibited drug:

The maximum penalty for the charge of manufacture a prohibited drug (Section 24 of the Drugs Misuse and Trafficking Act) is a fine of 2000 penalty units and/or 15 years imprisonment.

In NSW, a court can impose any of the following penalties for a manufacture a prohibited drug charge.

  • Section 10: Manufacture a prohibited drug proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of manufacturing a prohibited drug, if heard in the Local Court is likely to be:

  • Cannabis (Marijuana): A bond under section 10 of the Crimes (Sentencing Procedure Act) for a period of 12 months.
  • Amphetamines (Speed): A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.

The above penalties are based on a quantity less than commercial value. Penalties vary depending upon the quantity of the prohibited drug.

District Court

If this matter is finalised in the District Court the likely penalty is:

  • Amphetamines (less than commercial quantity): Imprisonment for a period of 3 years.
  • Cocaine (commercial quantity): Imprisonment for a period of 3 years.
  • Ecstasy (less than commercial quantity): A suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
  • Cannabis Resin (less than commercial quantity): A good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act.
  • GHB (less than commercial quantity): A good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act.

Penalties for this offence will vary depending upon the quantity of the prohibited drug.

What the Police must prove according to NSW Law for Manufacture a prohibited drug

To convict you of a manufacture a prohibited drug charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You manufactured or produced, or knowingly took part in the manufacture or production of a prohibited drug.

They will also need to prove that you were the person who committed the manufacture a prohibited drug offence.

Possible Defences under NSW Law – Manufacture a prohibited drug

Possible defences to a manufacture a prohibited drug charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Manufacture a prohibited drug

Where the amount of prohibited drug exceeds the indictable quantity, this matter is strictly indictable which means that it can only be finalised in the District Court.

Where the amount of prohibited drug does not exceed the indictable quantity, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the amount of prohibited drug does not exceed the small quantity, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a manufacture a prohibited drug charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a manufacture a prohibited drug charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a manufacture a prohibited drug charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a manufacture a prohibited drug charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a manufacture a prohibited drug charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a manufacture a prohibited drug charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a manufacture a prohibited drug charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a manufacture a prohibited drug charge: This is the most serious penalty for the charge of manufacture a prohibited drug and involves full time detention in a correctional facility.

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