What the law states
Section 16 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
A person:
(a) who knowingly by any false representation (whether verbal, or in writing, or by conduct):
(i) obtains from a medical practitioner, nurse practitioner, midwife practitioner or veterinary practitioner a prescription including a prohibited drug, or
(ii) induces a pharmacist to dispense a forged or fraudulently altered prescription obtained in contravention of this paragraph knowing it to be forged or so altered or obtained, or
(b) who is in actual possession of a forged or fraudulently altered prescription including a prohibited drug or a prescription obtained in contravention of paragraph (a), knowing it to be forged or so altered or so obtained,
is guilty of an offence.
Example of this offence
A common example of this offence is if somebody fakes an illness in order to obtain a prescription for an illegal drug.
In which court will my matter be heard?
Obtaining prescriptions by false representationfalls under Part 2, Division 1 of the Drug Misuse and Trafficking Act 1985 (NSW). This means that this offence is considered a summary offence, and is heard in the Local Court.
Defences
Defences to the offence of obtaining prescriptions by false representation include but are not limited to:
Penalties
The maximum penalty for obtaining prescriptions by false representation is 2 years imprisonment or $2200 or both.
How can Prime Lawyers help you?
If you are charged with obtaining prescriptions by false representation, it is important that you obtain legal representation. The criminal lawyers at Prime Lawyers are experienced in dealing with such matters and are able to guide you through your matter, assisting you in making important decisions such as whether to plead guilty or not-guilty. In either case, the lawyers will commit themselves to your matter to ensure they obtain the most favourable result for you.