Under the Misuse of Drugs Act 1981 (WA), the offence of manufacturing a prohibited drug requires that the drug actually be produced; engaging in the process of manufacture without producing the drug does not constitute the completed offence but may constitute an attempt. This contrasts with all other Australian jurisdictions which have extended statutory definitions of 'manufacture' to embrace steps in the process. The Court of Criminal Appeal may substitute a conviction for attempt under s 30(5)(c) of the Criminal Appeals Act 2004 (WA) where the jury must have been satisfied of facts proving the attempt.
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