Cultivating prohibited plants is a serious criminal offence for which you need an expert drug lawyer. Australian Criminal Law Group has the best criminal lawyers in Sydney for cultivation offences.
We get the best result whether you’re charged with having a few plants in the backyard or a dozen drug houses with hydroponics. We beat charges by attacking informant witnesses and police putting forward weak evidence. We challenge phone taps and text messages when the police falsely claim they contain codes. We put you as far away from the property where the drugs are found as possible.
If you intend to plead guilty to a cultivation charge, depending on the seriousness, we have cultivation offences dismissed without convictions, and without our clients being sentenced to prison. Read more about having no conviction recorded for Cultivating prohibited plants.
Pleading not guilty to Cultivating Prohibited Plants
You will be found not guilty of the offence of Cultivate prohibited plant if the police cannot prove beyond reasonable doubt you:
- Cultivated, or knowingly took part in the cultivation of a prohibited plant; or
- Supplied or knowingly took part in the supply of a prohibited plant; or
- Have a prohibited plant in your possession; and
- The number of plants (if applicable).
Cultivate includes sow or scatter seed, plant, grow, tend, nurture or harvest.
Supply includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.
Why is the number of plants important for a Cultivating Prohibited Plants Charge?
The number of plants in Cultivate prohibited plant cases is vital. The number of plants determines what the maximum penalty is, whether the deeming provision applies, and whether the case is finished in the Local or District Court.
What is a deemed supply of Prohibited Plants?
The Drugs (Misuse and Trafficking) Act 1985 contains what is known as a deeming provision. What this means is that if there are more than 50 plants, the plants will be deemed to be for supply even if there is no other evidence of the drugs being for supply. The logic behind this provision is that a person is unlikely to have large quantities of drugs solely for personal use. Where the amount of the drug is not less than 50 plants, you will have to prove on the balance of probabilities that you had the drug otherwise than for supply.
Pleading guilty to charges relating to illegal plants
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
The maximum penalties for the offence of Cultivate prohibited plant depends on the number of plants and ranges from two years to 20 years imprisonment. Where the number of plants is less than a commercial quantity, the offence may be dealt with in the Local Court and the maximum penalty will be two years imprisonment and/or a fine.
Read about all the sentencing options that a court has, including about having no conviction recorded.
Do I need references for my Prohibited Plants court case?
We believe references are an extremely important part of a plea of guilty in court. Read more about how to write a good reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for cultivation. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or gaol. To discuss your charge of cultivation, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.