Have you been charged with Manufacture of Heroin under s56(14)?
There are some questions you should ask if you have been charged with ‘Manufacture of Heroin etc’.
Can the prosecution make out their case? Did you sell or supply heroin to a person other than a person permitted to purchase heroin? Did you manufacture or formulate heroin without an appropriate licence? Did you supply or administer heroin without a permit?
This is a serious charge, and criminal law can be confusing. You should consult an experienced drug offence lawyer as soon as possible to discuss any options you may have in relation to your charge.
Please read below for more information in relation to this charge.
Elements of the offence
Section 56 of the Drugs, Poisons and Controlled Substances Act 1981.
The prosecution must prove:
The defendant, if in possession of a valid licence, sold, supplied or administered heroin to a person not authorised to have possession of heroin, or dealt with heroin in a manner not in accordance with the licence;
The defendant manufactured or formulated heroin in a manner not in accordance with the licence.
Note: It is up to the defendant to show that he or she possessed a valid licence in accordance with the Drugs, Poisons and Controlled Substances Act 1981
The maximum penalty
A term of 5 years imprisonment, or not more than 250 penalty units being a fine set by the court, or imprisonment and a fine.
Where will my case be heard?
Manufacture of Heroin etc. cases can be heard in the Magistrates’ Court, but will usually be heard in the County Court.
What to do next?
In matters concerning the manufacture, sale or formulation of drugs of dependence, such as heroin, cannabis, ecstasy, amphetamine, cocaine, steroids, LSD, methamphetamines, ICE, ketamine etc. it is up to the accused to show they had the authority to do so. Contact an experienced criminal lawyer at Dribbin & Brown immediately to discuss your criminal liability and any options you may have in relation to your charge.
The legislation
S56 Manufacture of Heroin etc
(1) On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to manufacture and sell or supply heroin by wholesale.
(3) On the recommendation of the Minister, made after consulting with the Secretary, the Governor in Council may licence a fit and proper person to formulate heroin.
(14) A person who—
(a) being the holder of an appropriate licence under subsection (1) or subsection (3)—sells or supplies heroin to a person other than a person permitted under this section to purchase or obtain heroin or otherwise than in accordance with any permit granted under this section;
(b) being the holder of an appropriate licence under subsection (1) or subsection (3)—manufactures or formulates heroin otherwise than in accordance with the licence; or
(c) being the holder of a permit under this section—uses, supplies or administers heroin otherwise than in accordance with the permit—
shall be guilty of an indictable offence and liable to imprisonment for a term of not more than five years or to a penalty of not more than 250 penalty units or to both such penalty and imprisonment.
