Cultivation

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.

Cultivate Prohibited Plant can be punished with a prison sentence of up 2 years (If heard in the local Court) or a prison sentence of up to 10 years (If heard in the District Court).

If the person is growing the prohibited plan for a commercial purpose, then the maximum penalty for the offence is 15 years imprisonment.

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A Defended Hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended thousands of people charged with cultivate and are experts at these hearings.

Some of the possible defences available for those charged with cultivate prohibited plant can include:

• • To maintain your innocence if you did not commit the act;
  • To argue that you were not cultivating a plant;
  • To argue that the plant was not prohibited;
  • Necessity; or
  • Duress; as the reason for your conduct

The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green [2011] HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:

“Equal Justice” embodies the norm expressed in the terms “equality before the law”. It is an aspect of the rule of law.

For Cultivate 35% of offenders received a fine whereas 31% received a section 9 Good behaviour bond.

In NSW, a court can impose any of the following penalties for a supply prohibited drug charge.

• • • Prison sentence
    • Home Detention
    • Intensive correction order (previously periodic detention)
    • Suspended sentence
    • Community service order (CSO)
    • Good behaviour bond
    • Fine
    • Section 10

However, from 24 September 2018 new penalty’s will be replacing the above. They are as follows:

• • • Full time Imprisonment
    • New ICO (ICO) with a home detention condition available
    • New Community Correction Order (CCO)
    • Fine
    • New Conditional release Order (CRO)

Our client was charged with one count of cultivate a prohibited plant (Cannabis). After entering a plea of guilty, we represented our client in his sentencing hearing. We presented strong character evidence, proven attempts at rehabilitation, and the impact on his career. Our client received a discharge without record of conviction.