Obtaining Drugs of Dependence By False Representation

by Doogue George O'Brien Criminal Defence Lawyers


The Maximum Penalty for “Obtaining Drugs of Dependence By False Representation” in Melbourne – How Serious is This Drug Offence?

There is a maximum penalty of 1 year of imprisonment or a fine of 20 penalty units, or both, for anyone found guilty of “Obtaining Drugs of Dependence By False Representation”.  This is a moderately serious offence that is summarily heard before a Magistrate in the Magistrates' Court.

 

The legislation on “Obtaining Drugs of Dependence By False Representation”

Section 78 of Drugs, Poisons and Controlled Substances Act 1981 is the relevant law for “Obtaining Drugs of Dependence By False Representation” and is as follows:                          

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 authorized by or licensed under this Act or the regulations 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 authorized by this Act or the regulations 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 authorized by this Act or the regulations 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.

 

Pleading guilty or not guilty to “Obtaining Drugs of Dependence By False Representation” in a Melbourne Court

Deciding whether you should plead guilty or not guilty to the charge of “Obtaining Drugs of Dependence By False Representation” has huge implications for you and should be thoroughly discussed with a criminal defence solicitor. If the Court finds you guilty, the consequences could be very severe.

 

Elements of the charge of “Obtaining Drugs of Dependence By False Representation” in a Melbourne Court

It must be shown to the Court that the defendant obtained or attempted to obtain a drug of dependence. This drug must have been obtained from a person authorised to possess, administer, sell, prescribe, manufacture, or supply the drug. The defendant must have then knowingly made a false representation in order to obtain the drug.

 

Defending the charge of “Obtaining Drugs of Dependence By False Representation” in a Melbourne Court

Defences that are often run in relation to this charge are factual and identification disputes, honest and reasonable mistake of belief, lack of intent, duress, and mental impairment. Other criminal defences may also be found to be applicable depending on the circumstances.

 

For more information on “Obtaining Drugs of Dependence By False Representation”, you may visit Doogue O’Brien George Melbourne Criminal Lawyers site (here).

 

Doogue O’Brien George Melbourne can provide you more details about this

Our Melbourne CBD Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

 

This article was written on Sep.9, 2013 and relates to the law that stands at this time.

 

 



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