There have been a growing number of those charged with Cultivate Prohibited Plant, with the abundance of “indoor cannabis houses” in Sydney, and Australia wide.
These charges can be considered as very serious in NSW, depending on the number of plants cultivated, and the means (enhanced indoor or outdoor) by which the cannabis was cultivated.
Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You cultivated, or knowingly took part in the cultivation of;
- A prohibited plant.
Where the quantity of the prohibited plant is a commercial quantity and/or cultivated for a commercial purpose then the quantity of the prohibited plant and/or purpose for which it is cultivated become additional elements the prosecution must prove beyond reasonable doubt.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
The offence of Cultivate prohibited plant carries a maximum penalty of a fine of $220,000.00 and/or 10 years imprisonment. However, penalties for this offence vary greatly depending on the quantity of the prohibited plant.
It is also important to note that where the quantity of a prohibited plant is a commercial quantity or a large commercial quantity, or where the quantity is more than a small quantity and less than a commercial quantity but the prohibited plants are cultivated for a commercial purpose, the penalties for this type of offence greatly. We advise that you contact one of our solicitors immediately if you are charged with this offence.
Generally, penalties that a court can impose for any criminal offence in NSW are: