Marketable Drug Manufacture is an offence under Section 305.4 of the Criminal Code Act 1995 which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Manufacture’ is any process by which a substance is produced, including:
To ‘manufacture’ means:
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:
Examples of ‘marketable quantity of controlled drug’ include:
A defence to the charge is ‘duress’, which is where:
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