Manufacture a prohibited drug

Max penalty

Section 24 of the Drugs Misuse and Trafficking Act-fine of 2000 penalty units and/or 15 years imprisonment.

What the prosecution must prove

• That you manufactured or produced or knowingly took part in the manufacture of production of a prohibited drug.
• That you were the person who committed the manufacture of a prohibited drug.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

These vary according to the quantity of the prohibited drug.

However, based upon statistics from the Judicial Commission of NSW mid -range seriousness cases in the Local Court for a quantity of the prohibited drug less than commercial value are likely to be a Bond under Section 10 for a period of 12 months for Cannabis (Marijuana) and a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act) for Amphetamines (Speed).

Where the matter is finalised in the District Court

Where the amount of the prohibited drug exceeds the indictable quantity the matter will be finalised in the District Court , based upon Judicial Commission of NSW statistics, the likely penalty is:

• Amphetamines (less than commercial quantity):Imprisonment for 3 years.
• Cocaine (commercial quantity): Imprisonment for a period of 3 years.
• Cannabis Oil (commercial quantity): Imprisonment for a period of 2 years.
• Ecstasy (less than commercial quantity): A suspended sentence with supervision under Section 12 of the Crimes (Sentencing Procedure) Act.
• GHB (less than commercial quantity): A good behavior bond under section 9 of the Crimes (Sentencing Procedure) Act

Penalties vary according to the quantity of the prohibited drug.