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Cultivation of Narcotic Plants - Commercial Quantity
If you have been charged with cultivation of narcotic plants - large commercial quality, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
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Elements of the offence
A charge of cultivation of narcotic plants - large commercial quality contains the following elements to be proven to be successful:
1. The accused cultivated a plant of a specified type;
2. The plant was a narcotic plant as defined under the Drugs, Poisons and Controlled Substances Act 1981 (Vic);
3. The quantity cultivated exceeded the large commercial quantity threshold; and
4. The accused knew or ought to have known the plant was a narcotic plant.
Will I have to go to court?
Large commercial quantity cultivation charges are heard in the County Court and are treated as serious indictable offences.
Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument
Maximum Penalty
The maximum penalty for large commercial quantity cultivation is 20 years imprisonment.
What sentences are usually given?
Sentencing for large commercial quantity cultivation is severe, with courts imposing substantial prison sentences. Factors considered include the scale of operation, sophistication, evidence of supply, and any involvement in organised crime.
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.
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.
Defence strategies
Lack of Knowledge
Challenge whether you knew the plant was a narcotic plant or that it was being cultivated on the premises
Search & Seizure Issues
Challenge whether the search was lawful and evidence properly obtained
Quantity Disputes
Challenge the prosecution's calculation and categorisation of the quantity
Procedural Defects
Identify any breaches in police procedure or evidence handling
Mistaken Identity
Challenge whether the accused was actually the person involved in the cultivation
Expert Evidence
Use expert witnesses to challenge the prosecution's case
Why Clients Choose Emma Turnbull Lawyers?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
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