Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Manufacturing Controlled Drug For Selling
Manufacturing a controlled drug for selling is a criminal offence that carries a maximum penalty of 15 years imprisonment and/or a fine of 1,500 penalty units and a maximum of life imprisonment if commercial quantities are involved. This offence is governed by Sections 607 and 608 of the Criminal Code 2002.
What Is Manufacturing A Controlled Drug For Selling?
A person commits this offence if they cook, prepare, produce or manufacture illegal drugs, or if they participate in any part of cooking, preparing, producing or manufacturing illegal drugs. For example, a person could be found guilty because they held ingredients for a friend who was cooking drugs to sell.
A person can be found guilty of manufacturing a controlled drug for selling if they manufacture a large quantity of a controlled drug with the intention to sell it or with the belief that someone else would sell it.
The prosecution may find a defendant guilty of manufacturing a trafficable quantity of a controlled drug if it can prove that the accused intended to sell the drug after it was manufactured.
What Is Manufacturing a Controlled Drug?
This is defined as the process by which a new substance is produced (excluding the cultivation of a plant) and includes extracting or refining it, or modifying it into another substance.
A person manufactures a substance if they:
- engage in its production;
- control the direction of its manufacture for example they ask someone else to take certain steps;
- provide the financial support for its manufacture.
What Actions Might Constitute This Offence?
The following actions can be found to amount to an offence:
- cooking Ice in a caravan;
- going to your friend’s house and helping him or her out by operating the pill press;
- buying pseudoephedrine and mixing it with other ingredients to make MDMA;
- going online, finding a recipe or home kit to make your own Ecstasy and making it at home; or
- taking a cash in hand job to assist a person making heroin out of a makeshift drug lab in the middle of the bush.
What The Police Must Prove
To be convicted of this offence, the prosecution must prove beyond reasonable doubt that you:
- manufactured or produced a controlled drug;
- were aware of, and participated in the manufacture or production of the drug; AND
- that the substance you manufactured, produced or helped manufacture or produce was a controlled drug; AND
- that you planned to sell it or knew someone else planned to sell it.
- that the quantity alleged (large commercial, commercial or trafficable) met the standard for the particular drug as listed in Schedule 1 to the Criminal Code Regulation
Possible Defences To Manufacturing A Controlled Drug For Selling
- that you were acting under duress.
- to argue that you did not manufacture or produce a controlled drug or that you did not take part in manufacturing or producing a controlled drug (Factual defence);
- to argue that you did not do so knowingly;
- that the substance manufactured or produced was not a controlled drug; or
- that you had no intention to sell the drug and did know know that someone else intended to.
- that the quantity of the drug involved is not enough to satisfy the charge laid (ie it is not the large commercial, commercial or trafficable quantity alleged).
Which Court Will Hear Your Matter?
This offence carries 15 years imprisonment, 20 years imprisonment or life imprisonment (depending on the quantity involved), the matter is strictly indictable, meaning it will be decided in the ACT Supreme Court.
In the ACT, you could be sentenced to one or more of the following penalties for this charge.
- Prison Sentence
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Good Behaviour Bond
If you require legal advice about manufacturing a controlled drug or in any other legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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