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With the growth of “backyard laboratories”, where methamphetamine is manufactured, the offence of Manufacture Prohibited Drug is becoming prominent in NSW.

The manufacture of prohibited drugs, and in particular methamphetamine, is considered a very serious offence in NSW, and can lead to sentences of lengthy terms of imprisonment.

Your options are

Plead not guilty

The prosecution must prove beyond reasonable doubt the following:

  1. That you manufactured or produced a prohibited drug
  2. Or who knowingly took part in the manufacture or production of, a prohibited drug.

Plead not guilty:

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

What is the penalty for manufacture prohibited drug?

The maximum penalty for manufacture prohibited drug falls into different categories, depending on the amount alleged to be manufactured.

The table below shows the maximum penalties:

Quantity Cocaine Methylamphetamine Ecstasy Heroin Maximum Penalty
Small 1 gm 1 gm 0.25 gms 1 g 2 years imprisonment and/or a fine of $5,500 (if dealt with summarily)
Indictable 5 gms 5 gms 1.25 gms 5 gms 15 years imprisonment and/or a fine of $220,000
Commercial 250 gms 250 gms 125 gms 250 gms 20 years imprisonment and/or a fine of $385,000
Large Commercial 1 kg 1 kg 500 gms 1 kg Life imprisonment and / or a fine of $550,000

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with Manufacture prohibited drug, being a commercial quantity.

The house that he was living in contained a granny flat that was used for the manufacture of methamphetamine. The police executed a search warrant on the house, finding our client sleeping in one of the rooms in the house. No one else was found present in the house at the time of the police search.

Our client was escorted throughout the house where numerous articles consistent with the possession supply of drugs was located, including scales, satchel bags, and smoking implements. Our client admitted to his ongoing methamphetamine use.

When asked about the laboratory in the granny flat however, our client denied knowledge of it and the contents. He stated that his friend (who he did not want to name) shared the house with him, and his friend was often in the granny flat.

After 15 months going through the trial process, our client’s case appeared at Campbelltown District Court for trial. Our client pleaded not guilty.

Following 5 days of evidence, counsel for our client made a “no case to answer” submission. The trial judge agreed, and gave a “directed verdict” to the jury to deliver a verdict of “not guilty”.

Our client was released from jail that very day.

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The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

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