The manufacture of a prohibited drug is an offence under section 24 of the Drug Misuse and Trafficking Act 1985 (NSW). The maximum penalty is imprisonment from 2 years to life.
The substance that the person manufactured, produced or assisted in manufacturing or producing was a prohibited drug.
The term “manufacture” is defined under Section 3 of the Drug Misuse and Trafficking Act 1985 and includes “the process of extracting or refining the prohibited drug”. This definition covers a wide range of activities, and it is not necessary that the activities fit into either “extracting” or “refining”. These are only two of the possible activities that may constitute manufacture.
This covers a wide range of activities, and it is therefore not necessary for a person to actually be physically engaged in the process of manufacturing a prohibited drug. By knowingly allowing the manufacture to occur, for example, in premises for which the person is the owner, that person is potentially “knowingly taking part” in the manufacturer of a prohibited drug.
You may have a defence if the court is satisfied that you did not knowingly take part in manufacturing or producing prohibited drugs, or if the substance that was manufactured or produced was not a prohibited drug.
WILL I RECEIVE A CRIMINAL RECORD AND WILL I GO TO JAIL?
Section 24(1A) provides for a separate offence where a person produces or manufactures a prohibited drug and exposes a child to the manufacturing process. The maximum penalty for that offence is a period of imprisonment for 18 years.
Where the amount involved is above the commercial quantity, a standard non-parole period of 10 years applies. Where the amount is above a large commercial quantity, a standard non-parole period of 15 years applies.
Factors including the offender’s remorse, evidence of rehabilitation and any other subjective factors may also be relevant at sentence.
For a detailed, free initial consultation, contact one of our criminal law specialists.