The obtaining of drugs of dependence by false representation is the sort of matter that will be heard in the Magistrates Court.
This charge is generally laid in situations where a person knowingly, by false representation, obtains or attempts to obtain a drug of dependence from a person authorized by or licensed under this Act to possess, manufacture, sell or supply the drug of dependence.
This is a Doctor shopping type offence where a person lies to get a prescription. It is an offence that often means that a person is struggling with drugs and so if some framework is put in place to start addressing those issues the Magistrates are generally fairly reasonable.
Defences to this can include a factual dispute about what was said or done by the accused or an honest and reasonable mistake of belief or that the drug is not a drug of dependence.
You should ring us and discuss your case if you have been charged.
Pleading guilty or not guilty has important implications for you and should be made after proper discussions with a criminal lawyer.
This is legislation that comes from section 78 of the Drugs, Poisons and Controlled Substances Act 1981.
Further information on Obtaining drugs of dependence by false representation
In a case of Obtaining drugs of dependence by false representation, the following defences may be applicable to the charge:
- Honest and Reasonable Mistake of Belief
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Obtaining drugs of dependence by false representation?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Detention in Youth Residential Centre or Youth Training Centre
- Term of Imprisonment
What is the legislation for the charge of Obtaining drugs of dependence by false representation?
The legislation for this offence can be found on section 78 of Drugs, Poisons and Controlled Substances Act 1981.
We currently have no available case studies for the charge of Obtaining drugs of dependence by false representation.
We currently have no available media articles related to the charge of Obtaining drugs of dependence by false representation.
Links to further information about the charge of Obtaining drugs of dependence by false representation:
Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Obtaining Drugs of Dependence By False Representation, Shaun Pascoe.