If you have been charged with cultivation of a commercial quantity of narcotic plants, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of cultivation of narcotic plants – commercial quantity, they must satisfy four elements of the offence. They can be found in s 72A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and are as follows:
- The accused intentionally cultivated a plant;
- The plant cultivated by the accused was a narcotic plant; and
- The accused did so in a commercial quantity applicable to the narcotic plant in question.
Will I have to go to court?
Charges for cultivation of narcotic plants in a commercial quantity will be heard in either the County or Supreme Court, as the offence is an indictable offence. A charge for cultivation of narcotic plants will usually be heard by a Judge but may go to trial with a jury.
Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence as the possible penalties for this offence are serious.
The maximum penalty a charge for cultivation of a narcotic plant in a commercial quantity is 25 years imprisonment, known as Level 2 imprisonment.
What sentences are usually given?
According to the Sentencing Council Victoria, between 1 July 2011 and 30 June 2016, 443 people were sentenced with cultivation of narcotic plants as the principal offence. From that number, 77.6% were given imprisonment sentences, with a maximum term of 6.75 years. The median length of an imprisonment sentence was 2 years.
Non-imprisonment sentences included Community Corrections Orders (3.6%) and fines (0.2%).
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.