What is Cultivation?

Cultivation is the offence of growing narcotic plants. These are usually cannabis, opium or cocoa plants. Cultivation includes sowing or scattering the seeds of the plant or planting, growing, tending to, nurturing or harvesting the plant.

The Law

“The offence of Cultivate Prohibited Plant is contained in section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) and states a person who:”

cultivates, or knowingly takes part in the cultivation of, a prohibited plant, supplies, or knowingly takes part in the supply of, a prohibited plant, or has a prohibited plant in his or her possession, is guilty of an offence.

What must the prosecution prove?

Since Cultivation is a criminal offence, the burden of proof lies with the Prosecution.

The prosecution must prove the accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of cultivate prohibited plant. To be convicted the police must prove;

  1. That you cultivated a plant; and
  2. That the plant was a prohibited plant.

The Law

The offence of Cultivate Prohibited Plant is contained in section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) and states a person who:

cultivates, or knowingly takes part in the cultivation of, a prohibited plant, supplies, or knowingly takes part in the supply of, a prohibited plant, or has a prohibited plant in his or her possession, is guilty of an offence.

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    If you are charged with the offence of CULTIVATE what are your options?

    National Criminal Lawyers (NCL) have been successful in defending a large number of cultivate prohibited plant charges where the prosecution could not establish each of the elements of cultivate. We have also achieved a number of non-convictions for cultivate prohibited plant charges.

    NCL offer the following options for those who have been charged with cultivate prohibited plant:

    1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended ;
    2. NCL will plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
    3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing)with the view of having you sentenced less harshly; and/or
    4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

    Fequently Asked Questions

    Why National Criminal Lawyers?

    There are three reasons to choose National Criminal Lawyers:

    1. We get the results

    We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

    2. We give a Senior Defence Lawyer guarantee

    No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

    3. National Criminal Lawyers are the best defenders of your rights

    At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

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