A conviction for knowingly taking part in the manufacture of a prohibited drug under s 24(1) of the Drug Misuse & Trafficking Act 1985 (NSW) cannot be sustained where the chemicals being used are incapable of producing the prohibited drug, because there is no 'process of manufacture' of that drug. The decision in Thomas (1993) 67 A Crim R 308 does not extend to cases of inherent impossibility — Thomas involved an external supervening event interrupting a genuine process. A charge of attempt to manufacture may be the appropriate charge in such circumstances.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.