Cultivate Prohibited Plant

Our client was charged with cultivating a prohibited plant, namely 30 cannabis plants. This charge carries severe penalties and one could expect to receive a term of imprisonment if the cultivating was for commercial purposes.

Our client instructed us that the cultivating was for personal use to treat his insomnia.

During sentencing our solicitor submitted that the affidavit evidence from our client and his partner along with medical evidence that our client was suffering from insomnia indicated that the cultivation was for personal use rather than for profit.

Campbelltown Local Court Magistrate Guy accepted this evidence and agreed with our solicitor that this offence could be dealt with by way of a section 9 good behaviour bond.

Our client was charged with cultivate a prohibited Plant. It was alleged that our client was growing cannabis plants inside his home. Our client has been previously convicted of the same charge and was given a term of imprisonment which was suspended. Our client instructed us that the cultivate was for personal use rather than for supply.

The matter proceeded for sentence at Fairfield Local Court. It was submitted that our client was cultivating for personal use and that there was no evidence to indicate otherwise.

This was supported through medical evidence which was tendered which indicate that our client was suffering from a number of mental health issues. We also tendered evidence that our client had engaged in drug counseling and treatment.

It was submitted that a good behavior bond would adequately address the objective criminality of the offence but also address our clients subjective matters. The court agreed and placed our client on a section 9 bond for two years to be of good behavior

Our client is a 50-year-old male. He was charged with multiple offences that
carry significant terms of imprisonment. The offences ranged from
trafficking, possession, cultivate and use a drug of dependence, namely Cannabis. He was also charged with dealing with property reasonably suspected of being proceeds of crime.

The local Police had seized almost 1 kg of cannabis at our client’s place of residence. Our client was facing the prospects of a lengthy term of imprisonment.

Our legal team comprised of an experienced barrister in drug matters and an experienced solicitor. Both worked vigorously to negotiate the facts with the prosecution and to prepare the best case for the client. Subjective materials including reference letters, psychologist report, medical reports and a sworn statement were prepared to assist the client’s case.

Submissions were made regarding the client’s long-term substance abuse of cannabis due to a permanent injury sustained as a young adult. Medical documents and a psychologist report were tendered to highlight to the sentencing Magistrate the extent of the client’s addiction.

The client also voluntarily admitted himself into a rehabilitation facility to assist him with his addiction problems. He is continuing with this rehabilitation center.

The sentencing Magistrate at Mildura magistrates court took into consideration our client’s remorse, good prospects of rehabilitation and his extensive medical conditions. The Prosecutor made submissions and was asking for full time custody. The Magistrate accepted our submissions and did not impose a full time jail sentence.

The sentencing Magistrate convicted our client of three of the five
offences. For the offences of trafficking, cultivate a drug of dependence, and dealing with property reasonably suspected of being proceeds of crime, our client was given a Community Corrections Order for a period of 12 months. Conditions of the order require the client to complete of 200 hours of unpaid community work in 12 months; undergo assessment and treatment for drug abuse or dependence; and undergo medical assessment and treatment as directed.

The sentencing Magistrate found the offences of possession and use of a drug of dependence proven, but exercised his discretion and did not impose a conviction.

The client had expected full time jail, but was ecstatic to have avoided full
time jail. This was an amazing result given the amount of drugs seized and the scale of the trafficking not being minor.