Community Corrections Order for Cultivation of Narcotic Plants

Community Corrections Order for Cultivation of Narcotic PlantsOur client, a 40-year old father of two, was charged initially with the alternatives of trafficking in and cultivation of cannabis. He had been charged with having 12 cannabis plants growing both in his backyard and in a grow tent in his shed. He had significant priors for trafficking and possession of cannabis and other drugs of dependence. Further, he had spent significant periods in custody for these types of offences and received penalties which included non-parole periods.

The client instructed us that the plants were being grown in an attempt to make cannabis oil as he had a sick aunt and grandmother who would benefit from it. He told the police that he had never previously made cannabis oil and did not have any knowledge at that time of how it could be made.

Dee Giannopoulos acted on the client’s behalf at the Melbourne Magistrates’ Court. The charges were:

Dee successfully obtained a Community Corrections for Cultivation of Narcotic Plants. Negotiations were undertaken with the police as although 12 plants were charged, our client instructed that 3 of the plants were actually tomato plants. As such we were left with 9 plants which are below the traffickable quantity and hence there was no other evidence to support the charge of trafficking. This charge was eventually withdrawn and our client pleaded guilty to the Cultivation charge alone.

Character references were tendered on the client’s behalf from his employer. Drug screens, which we had advised our client to undertake, also showed that he was clear from any substances. These submissions coupled with the fact that our client had remained offence-free for 5 years persuaded the magistrate not to impose an immediate term of imprisonment.

Because there was no evidence of drug use through the clean screens, the magistrate imposed a Community Corrections Order for Cultivation of Narcotic Plants which only required a community work component. This was a good result as it meant that our client, firstly, would not be serving any time in prison and, secondly, would not be overloaded with treatment appointments with drug counsellors.

 


Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

Visit Dee’s profile to read more about her background and experience.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 28/07/2016