Section 305.3 Criminal Code Act | Manufacturing Commercial Quantity of Drugs


Print

Section 305.3 of the Criminal Code Act 1995 (Cth) is Manufacturing Commercial Quantity of Drugs and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Manufacturing Commercial Quantity of Drugs matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

305.3 Manufacturing commercial quantities of controlled drugs
(1) A person commits an offence if:
(a) the person manufactures a substance for a commercial purpose; and
(b) the substance is a controlled drug; and
(c) the quantity manufactured is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
Relevant Definitions are as follows:
305.1 Meanings of manufacture and manufactures a substance
(1) For the purposes of this Part, manufacture means any process by which a substance is produced (other than the cultivation of a plant), and includes the following:
(a) the process of extracting or refining a substance;
(b) the process of transforming a substance into a different substance.
(2) For the purposes of this Part, a person manufactures a substance if the person:
(a) engages in its manufacture; or
(b) exercises control or direction over its manufacture; or
(c) provides finance for its manufacture.
305.2 Meaning of manufactures a substance for a commercial purpose
For the purposes of this Part, a person manufactures a substance for a commercial purpose if the person manufactures the substance:
(a) with the intention of selling any of it; or
(b) believing that another person intends to sell any of it.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.