Cultivation of Cannabis and Theft of Electricity

This is a case study on drug charges and theft resulting in a Community Corrections Order.

What is alleged to have occured? Our client was charged with cultivation of cannabis and theft of electricity. The circumstances surrounding the offending were serious given that the client had an elaborate set up in her back yard, which involved stealing electricity to grow the cannabis in her shed.

During the police interview, the client stated that her friend set up the operation and would pay her $3,000 monthly to water the plants. The client was not born in Australia and did not speak any English.

What happened at court?
We represented the client at the Sunshine Magistrates’ Court. The charges were:

We met with the client and guided her through the legal process with the aid of an interpreter. We explained the consequences of pleading guilty and the likely outcome if the matter proceeded to a contested hearing. The client decided to plead guilty.

Submissions were then made on the client’s behalf. We explained the client’s gambling problem, the difficulties within her marriage, her lack of knowledge of the legal system, and her lack of criminal history.

What was the result?
His Honour imposed a Community Corrections Order for the charges of cultivation of cannabis and theft of electricity. This was a good result given the seriousness of the cultivation charge. The client appreciated having someone to guide her through the process given her lack of English and lack of understanding of the system.

Elements of Cultivation of Narcotic Plants (Non-Commercial Quantity):
  • The accused intentionally cultivated a plant
  • The plant cultivated by the accused was cannabis or another narcotic plant
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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 25/01/2019