Cultivation refers to the act of growing narcotic plants. Usually cannabis, opium or cocoa plants. It includes sowing or scattering the seeds of the plant or planting, growing, tending to, nurturing, or harvesting the prohibited plant.
The offence of Cultivate Prohibited Plant is contained in section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) and states a person who:
“cultivates, or knowingly takes part in the cultivation of, a prohibited plant, supplies, or knowingly takes part in the supply of, a prohibited plant, or has a prohibited plant in his or her possession, is guilty of an offence”.
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 increases to 15 years imprisonment.
In NSW, a court can impose any of the following penalties of:
Since Cultivation is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove;
Some of the possible defences available for those charged with cultivate prohibited plant can include:
For Cultivation, Rep-Revive Criminal Lawyers® offers the following options:
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Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.
If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.