Obtaining Drugs of Dependence by False Representation

In Victoria, Obtaining Drugs of Dependence by False Representation is found in section 78 of the Drugs, Poisons and Controlled Substances Act 1981. It is a criminal offence that is committed by a person who knowingly, by false representation, obtained or attempted to obtain a drug of dependence from a person authorised by or licensed under the Drugs, Poisons and Controlled Substances Act 1981 to possess, manufacture, sell or supply the drug of dependence.

Have you been accused of Obtaining Drugs of Dependence by False Representation?

Obtaining Drugs of Dependence by False Representation
Police Interview
Before participating in a Police interview and answering any questions about an allegation of , Obtaining Drugs of Dependence by False Representation, you must get some legal advice. It is important you understand your rights before attending a Police interview. Police want to talk to you because they suspect you have committed the offence. They will already have obtained statements and other evidence that outline an allegation made against you. Relevant legal advice will assist you in making the decision to talk to Police and what you decide to say.

We recommend you contact our office to arrange a conference before attending a Police interview. We can assist you in understanding the process and purpose of a Police interview to make sure you are appropriately informed and prepared.

We also attend interviews for people suspected of obtaining drugs of dependence by false representation. People often feel more comfortable having a lawyer attend with them, and have confidence that Police will facilitate the interview procedure in a proper way.

Pleading Not Guilty
We are experts in defending people charged with, Obtaining Drugs of Dependence by False Representation, and drug offences generally. We are frequently appearing in courts defending people charged with offences of this kind. We know what issues to look for with a Police investigation and will analyse the Police case against you carefully.

We will represent you in court hearings to contest the charge of obtaining drugs of dependence by false representation, and show the court you are not guilty of the offence. We will advise you of your options each step of the way so that you are fully informed.

Pleading Guilty
Before you decide to agree to plead guilty to, Obtaining Drugs of Dependence by False Representation, we will give you realistic advice of the potential consequences. This will help you make an informed decision before locking yourself into a position.

If you decide to plead guilty to Obtaining Drugs of Dependence by False Representation, we will help you gather all important material that the Court will consider before imposing sentence. We can advise you at each step of the court procedure, and assist you in securing the most favourable outcome in the circumstances. We have appeared in many pleas of guilty for obtaining drugs of dependence by false representation, and any number of other drug offences, and frequently obtain favourable sentencing outcomes for people charged with these offences.

Sentencing
Sentencing in the higher courts of VictoriaSentencing Statistics Pie Chart for Obtain a Drug Prescription Using False Representation in the Higher Courts
Which court will the case be heard in?
This is the sort of matter that will be heard in the Magistrates’ Court.

What is the legal definition of Obtaining Drugs of Dependence by False Representation?
Section 7 of the Access to Medicinal Cannabis Act 2016 authorises the Health Secretary to nominate specialist medical practitioners to administer medicinal cannabis. It is an offence under the Drugs, Poisons and Controlled Substances Act 1981 to mislead a specialist medical practitioner to provide medicinal drugs of dependence.

“Can the Prosecution prove you lied to obtain a drug of dependence?”

Examples of Obtaining Drugs of Dependence by False Representation
  • Using fake identification to purchase a drug of dependence from an authorised seller
  • Using a fake prescription to purchase a drug of dependence from an authorised seller
  • Lying about an illness or injury to receive a drug of dependence from an authorised seller
Legislation
The legislation for this offence can be found on section 78 of Drugs, Poisons and Controlled Substances Act 1981.

Elements of the offence
The prosecution must prove that the accused:

  1. obtained or attempted to obtain a drug of dependence from a person authorised by or licensed under the Act or the regulations or the Access to Medicinal Cannabis Act 2016, or the regulations under that Act to possess, manufacture, sell or supply the drug of dependence;
  2. obtained or attempted to obtain a prescription or order for a drug of dependence from a registered medical practitioner, dentist, pharmacist or veterinary practitioner or a person authorised by this Act or the regulations or the Access to Medicinal Cannabis Act 2016, or the regulations under that Act to issue or possess the prescription or order;
  3. caused or induced or attempted to cause or induce a registered medical practitioner to administer by injection or otherwise, a drug of dependence to him; or
  4. caused or induced or attempted to cause or induce a pharmacist or a person authorised by this Act or the regulations or the Access to Medicinal Cannabis Act 2016, or the regulations under that Act 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 or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act.
Defences
The following defences are available to a person charged with this offence:

  • Factual dispute about what was said or done by the accused
  • Honest and reasonable mistake as to fact
  • The drug is not a drug of dependence
Questions in cases like this
  • Did you use fake identification?
  • Did you use a fake prescription?
  • Did you lie to obtain medical marijuana?
You should call us to discuss your case with one of our experienced lawyers if you have been charged with this offence.

Pleading guilty or not guilty has important implications for you and should be made after proper discussions with a criminal lawyer.

Maximum penalty for section 78 of the Drugs, Poisons and Controlled Substances Act 1981
If found guilty of Obtaining Drugs of Dependence by False Representation (s78 of the Drugs, Poisons and Controlled Substances Act 1981), the maximum penalty which the Court may impose is a fine of 20 penalty units (around $3,300) or 1-year imprisonment, or both.

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