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In NSW it is an offence to make or take part in the making of illegal drugs.
A person can be charged with 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.
The maximum penalty for this offence is 15 years imprisonment or 2000 penalty units for all drugs except cannabis. If the drug is cannabis, the maximum penalty is 10 years imprisonment or 2000 penalty units.
In NSW, a court can impose any of the following penalties for a manufacture prohibited drugs charge.
The offence of Manufacture Prohibited Drug is contained in section 24(1) of the Drug Misuse and Trafficking Act 1985 and states:
A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.
Examples of Manufacture Prohibited Drug include:
To convict you of Manufacture Prohibited Drug the prosecution must prove each of the following matters beyond reasonable doubt:
The common ways to defend this charge are:
The offence is an Indictable Offence and what court your matter will be heard in depends on the amount of the drug that was manufactured.
If the amount of the drug is less than the indictable quantity, then the matter can be finalised in the Local or the District Court.
If the amount of the drug is greater than the indictable quantity then the matter will be finalised in the District or Supreme Court.
Home Detention for a manufacture prohibited drug charge: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.
Intensive Corrections Order (ICO) for a manufacture prohibited drug charge: 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. Read more.
Suspended Sentence for a manufacture prohibited drug charge: As a result of amended legislation this penalty was repealed on 24 September 2018. 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. Read more.
Community Service Order (CSO) for a manufacture prohibited drug charge: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). 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. Read more.
Good Behaviour Bond for a manufacture prohibited drug charge: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). 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. Read more.
Community Corrections Orders (CCO) for a manufacture prohibited drug charge: A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.
Fines for a manufacture prohibited drug charge: When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Section 10A for a manufacture prohibited drug charge: A section 10A is a conviction, with no other penalty attached to it. Read more.
Conditional Release Order (CRO) for a manufacture prohibited drug charge: A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.
Section 10 for a manufacture 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. Read more.
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.