What the law says
Section 17 of the Drug Misuse and Trafficking Act 1985 (NSW) states that:
A person who knowingly by any false representation (whether verbal, or in writing, or by conduct), obtains or attempts to obtain a prohibited drug from a medical practitioner, nurse practitioner, midwife practitioner, dentist, pharmacist or veterinary practitioner 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 an illegal drug.
In which court will my matter be heard?
Obtaining prohibited drugs 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 prohibited drugs by false representation include but are not limited to:
Penalties
The maximum penalty for obtaining prohibited drugs by false representationis 2 years imprisonment or $2200 or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with obtaining prohibited drugs by false representation. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.