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 LAW

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”.

 

Maximum/Possible Penalties

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:

• Full time Imprisonment
• Intensive Correctional Order (ICO)
• Community Correction Order (CCO)
• Conditional release Order (CRO) and/or
• Fine

 

THE FACTS THAT MUST BE PROVEN

Since Cultivation is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove;

1. That you cultivated a plant; and
2. That the plant was a prohibited plant.

 

Defences

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;
• To argue that you did so because of Necessity; or
• Duress; as the reason for your conduct

 

CHOICES AT LAW OPTIONS

For Cultivation, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

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. 

• Your case will be in the hands of an experienced lawyer

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.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.