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Forging prescriptions and orders for drugs of dependence

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Shaun Pascoe
Criminal Defence Lawyer


Drug Offences - VIC
The Law - Forging prescriptions and orders for drugs of dependence

What the Law states - Forging prescriptions and orders for drugs of dependence


Drugs, Poisons and Controlled Substances Act 1981 - SECT 77

Forging prescriptions and orders for drugs of dependence

77. Forging prescriptions and orders for drugs of dependence

A person shall not forge or attempt to forge or fraudulently alter or attempt to fraudulently alter or utter or attempt to utter knowing it to be forged or fraudulently altered a prescription or order for a drug of dependence.

Penalty: 20 penalty units or level 8 imprisonment (1 year maximum) or both.

Maximum Penalty in Victoria



1 year / 20 penalty units

What the Prosecution must prove - Forging prescriptions and orders for drugs of dependence - Vic


(a) The accused forged, attempted to forge a prescription or presented a forged presecription for the purpose of obtaining a drug of dependence.

Possible Defences - Forging prescriptions and orders for drugs of dependence


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.

 

Which court will hear the charge of Forging prescriptions and orders for drugs of dependence


Magistrates' Court.

Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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