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
In the ACT, it is an offence to make or participate in making illegal/controlled drugs. In the ACT, the maximum penalty for manufacturing a controlled drug is 10 years imprisonment and/or a fine of 700 penalty units.
What is Manufacturing A Controlled Drug?
The offence is defined in Sections 609, 614 and 614a of the Criminal Code 2002.
The manufacture of a substance is any process that causes a new substance to be created (excluding plant cultivation) and includes:
- extracting or refining the original substance;
- modifying it into a new substance.
A person is involved in the manufacture of a substance if they:
- engage in its manufacture;
- control or direct how it is manufactured;
- provide the capital or arranges finance for its manufacture.
Under Section 614, a person commits an offence if they possess any substance, any equipment, or any document containing instructions, for making a controlled drug and have the intention to use that information to manufacture a controlled drug; or supply the information to someone else; and has the knowledge that they will use it to manufacture a controlled drug.
Section 614A states that a person commits an offence if they possess a tablet press and are reckless about whether the thing is a tablet press. A person will not be charged if they have a reasonable excuse for possessing the tablet press, such as that they are allowed to manufacture a regulated substance in accordance with authorisation under the Medicines, Poisons and Therapeutic Goods Act 2008.
What Actions Might Constitute Manufacturing a Controlled Drug?
Actions which constitute an offence include:
- cooking Ice in a caravan;
- going to your friend’s house and helping him or her by operating the pill press;
- buying pseudoephedrine from numerous pharmacies and mixing it with other ingredients you’ve bought over a period of time 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 help a person making heroin out of a makeshift drug lab in the middle of the bush.
What The Police Must Prove
The police must prove:
- that you were manufacturing or producing controlled drugs;
- that you were aware of and took part in the manufacturing or production of that drug;
- that the substance you manufactured, produced or helped in manufacturing or producing was a controlled drug.
Possible Defences To Manufacturing A Controlled Drug
Defences to the offence include:
- that even though you were involved in the manufacture of controlled drugs, you did not do so knowingly;
- that the substance manufactured was not a controlled drug;
- that you did not intend to sell any of the drug and/or did not know that someone else was going to sell it;
- that you acted under duress.
Which Court Will Hear Your Matter?
Section 613 describes an additional offence, whereby a person commits an offence if they supply to someone any substance, equipment or document with instructions for the purpose of manufacturing a controlled drug; and has the knowledge that the person will use the substance or information to manufacture a controlled drug; and/or intends to sell the manufactured drug.
The maximum penalty for this offence is 7 years imprisonment or 700 penalty units.
- supplying someone with money to buy an oven;
- going to a pharmacy for someone and buying pseudoephedrine;
- printing instructions so that someone can manufacture a controlled drug.
If you require legal advice about this offence or any other legal matter, please contact Armstrong Legal.
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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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