Drug Manufacture
Drug Manufacture is a crime under Section 305.5 of the Criminal Code Act 1995 which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You intentionally manufactured a substance
- The substance was a controlled drug
- You knew, or were reckless as to whether, the substance was a controlled drug, and
- You did so for a commercial purpose
‘Manufacture’ is any process by which a substance is produced, including:
- Extracting or refining a substance
- Transforming a substances into a different one, and
- Converting one form of a substance to another
To ‘manufacture’ means:
- To engage in manufacture
- To exercise control or direction over manufacture, or
- To provide finance for manufacture
You were ‘reckless’ if you were aware it was likely that the substance was a controlled drug but went ahead with your actions regardless.
A ‘Commercial purpose’ is:
- Intending to sell any of the substance, or
- Believing another person intends to sell any of the substance
Controlled drugs include:
- MDMA (or ecstasy)
- Amphetamines
- Heroin
- Cocaine, and
- Cannabis
A defence to the charge is ‘duress’, which is where:
- Your actions resulted from a threat of death or serious injury to you and/or a family member
- There was no reasonable way for you to render the threat ineffective, and
- Your conduct was a reasonable response to the threat
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