The offence of manufacturing a prohibited drug under s 24(2) of the Drug Misuse and Trafficking Act 1986 (NSW) requires the drug to have actually been produced; where the manufacturing process is incomplete, the appropriate charge is knowingly taking part in manufacture, not manufacture itself. Both offences carry the same maximum penalty. A conviction for manufacturing a precursor drug is not subsumed within a conviction for knowingly taking part in the manufacture of the end-product prohibited drug, and separate convictions may stand provided appropriate concurrency is allowed in sentencing.
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