Drug Manufacture or Production Lawyers in Sydney

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Manufacturing or producing a prohibited drug is an offence under section 24 of the Drug Misuse and Trafficking Act 1985 (NSW) which requires the prosecution to prove beyond reasonable doubt that a person manufactured or produced, or knowingly took part in the manufacture or production, of a substance, and the the substance was classified as a prohibited drug in New South Wales.

The prosecution is also required to disprove to the same high standard any legal defence that is raised by the evidence, including duress and necessity.

Prohibited drugs include cocaine, amphetamines such as methamphetamine and MDMA (ecstasy), LSD (acid), and opioids such as opium, heroin and fentanyl.

‘Manufacture’ refers to the process of extracting or refining a substance.

‘Production’ refers to the process of actually making the substance.

The maximum penalty that applies to manufacturing or producing a prohibited drug depends on the type of the drug, its weight – which are classified into small, indictable, commercial and large commercial – as well as whether the case is finalised in the Local Court where the maximum penalty is two years in prison or a higher court such as the District or Supreme Court, where the maximum penalties range from 15 years to life in prison.

A separate offence of manufacturing a controlled drug is contained in section 305 of the Criminal Code Act 1995 (Cth), which applies across Australia.

To establish that offence, the prosecution must prove beyond reasonable doubt that a person manufactured a controlled drug (which broadly encompasses the substances covered by the New South Wales legislation, and that the manufacture was for a commercial purpose.

Legal defences such as duress and sudden or extraordinary emergency (which is similar to necessity) also apply to this offence.

Again, the maximum penalty for any single offence is 2 years in the Local Court, and the maximums range from 10 years (any quantity) up to life in prison (commercial quantity) where the case is finalised in a higher court.

How Can an Experienced Drug Lawyer Assist?

If you are going to court over an allegation of manufacturing or producing a prohibited drug or manufacturing a controlled drug for commercial purposes, an experienced drug lawyer can assist by:

  • Evaluating the prosecution case,
  • Obtaining your account of the events,
  • Explaining the law and how it applies to your situation,
  • Explaining your options and advising you on the best way forward, and
  • Formulating and implementing an effective defence strategy.

For more information about how a specialist drug lawyer can help you achieve the optimal outcome in your case, read our drug lawyers page here.

Call Us Now

If you have been accused of a manufacture or production offence, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a free consultation with a specialist drug lawyer who is vastly experienced in representing clients charged with the offence , has an exceptional track record of success and will fight to achieve the optimal outcome in your case.

 

Read on for information about manufacturing or producing drugs.

The Law

What are the Penalties?

The maximum penalty that you will be looking at depends on the type and amount of the drug in question.

There are other factors which may also increase the seriousness of the offence (and the penalty that you will get) such as the level of involvement that you played in manufacturing the drugs:

Amount

Maximum Penalty

Local Court

Higher Courts

Small

  • 0.25g ecstasy
  • 1 gram cocaine, heroin or amphetamines
  • Not more than a small quantity: 2 years imprisonment and/or $5,500 fine.
  • More than the small quantity but less than the indictable quantity: 2 years imprisonment and/or $11,000 fine.
  • Not more than a small quantity: 15 years imprisonment and/or $220,000 fine.
  • More than the small quantity but less than the indictable quantity:15 years imprisonment and/or $220,000 fine.

Indictable

  • 1.25g ecstasy
  • 5g cocaine, heroin or amphetamines
Only dealt with by higher courts.
  • At least the indictable quantity but less than the commercial quantity: 15 years imprisonment and/or $220,000 fine.

Commercial

  • 125g ecstasy
  • 250g cocaine, heroin or amphetamines
Only dealt with by higher courts.
  • At least the commercial quantity but less than the large commercial quantity: 20 years imprisonment and/or $385,000 fine.

Large Commercial

  • 0.5kg ecstasy
  • 1 kg cocaine, heroin or amphetamines
Only dealt with by higher courts.
  • At least the large commercial quantity: Life imprisonment and/or $550,000 fine.

However, these are maximum penalties only and the type of penalty that you will receive depends on all the facts and circumstances of your case.

The various penalties that the court can impose include:

What Does the Prosecution Have to Prove?

To be found guilty of drug manufacture or production, the prosecution must prove that you took part in a step of the actual manufacturing or producing process – for example:

(a) Emptying flasks and disposing of rubbish during the manufacture or production process,

(b) Providing or arranging finance for the manufacture or production of drugs, or

(c) Providing a location, such as a house or warehouse to be used for the manufacture or production of drugs.

The prosecution must also prove you had actual knowledge or were reckless to the fact that what you were engaged in was prohibited drug manufacture or production.

What are the Defences?

Our drug law experts can advise whether you have any defences to the charges, for example:

  • Where you were threatened or coerced into manufacturing or producing the drugs (duress)
  • Where you were unaware that your actions were contributing towards the manufacturing or production of drugs
  • Where you simply obtained or moved materials for manufacture, but did not participate in the process
  • Where you used materials which were incapable of manufacturing or producing a prohibited drug
  • Where you possessed materials or items capable of drug manufacture or production but did not plan, arrange or engage in such acts.

Your Options in Court

Pleading Not Guilty

To be found guilty of drug manufacturing, the prosecution must prove that you took part in any step of the drug manufacturing or production process –for example, manufacturing or producing, or assisting with the manufacture or production of drugs by:

(a) Emptying flasks and disposing of rubbish during the manufacture or production process,

(b) Providing or arranging finance for the manufacture or production of drugs, or

(c) Providing a location, such as a house or warehouse to be used for the manufacture or production of drugs

However, the courts have found that the following acts do not amount to manufacture or production:

(a) Obtaining or transporting materials for manufacture, without participating in the actual manufacture or production process,

(b) Using materials that are incapable of manufacturing or producing a prohibited drug, or

(c) Possessing materials or items capable of illegal drug manufacture or production without planning, arranging or engaging in that manufacture or production.

You are also not guilty if:

(a) You were threatened with imminent harm to yourself or someone close to you, and could not reasonably avert that threat (known as the defence of ‘duress’), or

(b) You were unaware and could not reasonably be expected to have foreseen that your actions were contributing towards the manufacturing or production of drugs (lack of knowledge).

Pleading Guilty

If you are willing to accept the charges alleged against you, you may wish to enter a plea of guilty at the earliest opportunity. This will show to the court that you have accepted responsibility for your actions and may enable you to get a lesser penalty.

However, before entering a plea, you should speak to one of our experienced criminal lawyers, who will be able to advise whether there is any way to fight the charges by pleading ‘not guilty.’

If you are considering pleading guilty to the charges, you may be wondering what type of penalty you will receive and how it will affect your life and future.

The maximum penalty that you will be looking at depends on the type and amount of the drug in question.

There are other factors which may also increase the seriousness of the offence (and the penalty that you will get) such as the level of involvement that you played in manufacturing or production of the drugs:

 

Amount

Maximum Penalty

Local Court

Higher Courts

Small

  • 0.25g ecstasy
  • 1 gram cocaine or amphetamines
  • Not more than a small quantity: 2 years imprisonment and/or $5,500 fine.
  • More than the small quantity but less than the indictable quantity: 2 years imprisonment and/or $11,000 fine.
  • Not more than a small quantity: 15 years imprisonment and/or $220,000 fine.
  • More than the small quantity but less than the indictable quantity:15 years imprisonment and/or $220,000 fine.

Indictable

  • 1.25g ecstasy
  • 5g cocaine or amphetamines
Only dealt with by higher courts.
  • More than the small quantity but less than the indictable quantity: 15 years imprisonment and/or $220,000 fine.

Commercial

  • 125g ecstasy
  • 250g cocaine or amphetamines
Only dealt with by higher courts.
  • More than the indictable quantity but less than the commercial quantity: 15 years imprisonment and/or $220,000 fine.

Large Commercial

  • 0.5kg ecstasy
  • 1 kg cocaine or amphetamines
Only dealt with by higher courts.
  • More than the commercial quantity but less than the large commercial quantity: 20 years imprisonment and/or $385,000 fine.
  • Large commercial quantity: Life imprisonment and/or $550,000 fine.

However, these are maximum penalties only and the type of penalty that you will receive depends on all the facts and circumstances of your case.

The various penalties that the court can impose include:

Remember, your best shot at getting the best possible outcome in your case is to get in touch with a specialist drug lawyer, who has the skills and experience to best help you.

At Sydney Criminal Lawyers®, we have a long and proud history of helping our clients successfully defend serious drug charges.

Our specialist knowledge of drug law, combined with our outstanding advocacy skills, allows us to achieve the best possible outcome for our clients, time and time again.

Frequently Asked Questions

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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