The mental element of the offence of knowingly taking part in the manufacture of a prohibited drug under s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW) requires the Crown to prove beyond reasonable doubt that the accused believed he or she was manufacturing a substance within the class of prohibited drugs; knowledge of manufacturing a precursor, or knowledge that the manufacture was unlawful, is insufficient. Where a substance is both a precursor and a prohibited drug, the mental element may alternatively be satisfied by proving the accused knew the specific substance being manufactured, in which case ignorance that the substance is classified as a prohibited drug is no defence. The question was decided by majority (Leeming JA and Harrison J), with Schmidt J dissenting on the formulation of the mental element.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.