Discontinuance for Cultivation of Narcotic Plants (Commercial Quantity)

This is a case involving a discontinuance for Cultivation of Narcotic Plants – Commercial Quantity.

What is alleged to have occured?
The police found our client together with her husband at a grow-house during an execution of a search warrant. The police alleged that she was partially residing there and relied on evidence of female clothing in wardrobe, toiletries, and limited personal belongings; plus her presence and inference that there were more clear evidence of her husband growing the cannabis and that she had knowledge of the offending and was complicit in it.

What happened at court?
We represented the client at the Melbourne County Court.

The matter proceeded to a committal and we were able to establish that the female clothing could not be excluded to be any other woman’s clothing (including her daughter who previously resided at the property prior to it being used as a grow house). The toiletries could not be described as being female or male and are thereby not evidence of them being more likely to be hers as opposed to his.

We were able to confirm lack of forensic evidence linking her to the property other than being called by her husband to attend the night before, staying the night, and being arrested early in the morning. It was established that conversations had with the police at the scene were inadmissible.

What was the result?
We filed a subsequent application for discontinuance for Cultivation of Narcotic Plants – Commercial Quantity which was eventually granted. All the charges against our client were ultimately withdrawn.
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 15/11/2017