Have you been charged with Obtaining Drugs of Dependence etc. by False Representation?
If so, it is important that you examine any defences you may have to this charge.
Can the prosecution make out their case? Did you knowingly falsely represent yourself or another as being licensed to obtain drugs of dependence? Did you cause the obtaining by fraudulent means? Or did you induce someone to authorise a valid prescription by illegal means?
An experienced drug offence criminal lawyer can help you answer these questions. They can guide you through the legal process, represent you in court, and ensure you receive the best possible outcome in your matter.
Please read below for more information in relation to this charge.
Elements of the offence
Section 78 of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
The defendant knowingly by false representation (oral, written or conduct) obtained or attempted to obtain a prescription for a drug of dependence;
The defendant knowingly by false representation (oral, written or conduct) causes or attempted to cause or induce a medical practitioner to provide a prescription for a drug of dependence;
The defendant knowingly by false representation (oral, written or conduct) causes or attempted to cause or induce a medical practitioner to supply a drug of dependence.
The maximum penalty
20 penalty units being a fine issued by the Court, or level 8 imprisonment being 1 year maximum, or both.
Where will my case be heard?
Obtaining Drugs of Dependence etc. by False Representation is nearly always heard in the Magistrates’ Court.
What to do next?
If you’ve been charged with Obtaining Drugs of Dependence etc. by False Representation, you should seek experienced legal advice urgently. Obtaining a prescription for drugs of dependence or obtaining drugs of dependence by fraudulent means can result in a prison sentence. Contact a criminal lawyer now.
The legislation
S78 Obtaining Drugs of Dependence etc. by False Representation
A person shall not knowingly by false representation, whether oral or in writing or by conduct—
(a) obtain or attempt to obtain a drug of dependence from a person authorised by or licensed under this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to possess, manufacture, sell or supply the drug of dependence;
(b) obtain or attempt to obtain a prescription or order for a drug of dependence from a registered medical practitioner, dentist, pharmacist or veterinary practitioner or a person authorised by this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to issue or possess the prescription or order;
(c) cause or induce or attempt to cause or induce a registered medical practitioner to administer by injection or otherwise, a drug of dependence to him; or
(d) cause or induce or attempt to cause or induce a pharmacist or a person authorised by this Act or the regulations or the Voluntary Assisted Dying Act 2017 or the regulations under that Act to supply a drug of dependence, to dispense a prescription or order for a drug of dependence, if the first- mentioned person knew the prescription or the order to have been obtained in contravention of this Act or the regulations.
Penalty: 20 penalty units or level 8 imprisonment (1 year maximum) or both.
