Have you been charged with Cultivation of Narcotic Plants – Large Commercial Quantity?
There are some questions you should ask in relation to the legal defence you may be able to raise. Can the prosecution make out their case? Were you aware that the plant was a narcotic? Could you disprove an intention if you were unaware of what the plant was at the time of the charge?
Do not hesitate in consulting an experienced criminal solicitor to help you deal with this charge. You can be guided through the legal process and ensure you are represented capably in court.
Please read below for more information in relation to this charge.
Elements of the offence
Section 72 of the Drugs, Poisons and Controlled Substances Act 1981
The prosecution must prove:
That the defendant cultivated or attempted to cultivate a particular substance;
That it was a narcotic plant that the accused cultivated or attempted to cultivate ;
That the defendant cultivated, or attempted to cultivate, not less than a large commercial quantity of narcotic plants.
The maximum penalty
Level 1 imprisonment (life sentence) and in addition, a penalty not more than 5000 penalty units which is a sum of money determined by the Court.
Where will my case be heard?
Cultivation of Narcotic Plants – Large Commercial Quantity will mostly be heard in the County Court but can also go to the Supreme Court.
What to do next?
Cultivation of Narcotic Plants – Large Commercial Quantity is an indictable offence. The charge is very serious and you could face life in prison if you are found guilty. Contact an experienced criminal lawyer immediately to help you prepare for your matter.
The legislation
Section 72 Cultivation of Narcotic Plants – Large Commercial Quantity
A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant is guilty of an indictable offence and liable—
(a) to level 1 imprisonment (life); and
(b) in addition to imprisonment, to a penalty of not more than 5000 penalty units.
