1. Cultivation by artificially enhanced means
2. Possession of Prescribed Equipment
3. Interfere with supply of electricity
Charge
Law
1. Controlled Substances Act 1984, s 33K
(1) A person who—
(a) cultivates a controlled plant (other than a cannabis plant); or
(ab) cultivates a cannabis plant by artificially enhanced cultivation; or
(b) cultivates more than the prescribed number of cannabis plants; or
(c) cultivates a cannabis plant intending to supply the plant or to supply or administer any product of the plant to another person,
is guilty of an offence.
2. Controlled Substances Act 1984, s 33LA
A person who, without reasonable excuse (proof of which lies on the person)—
(a) has possession of any prescribed equipment; or
(b) supplies to another person any prescribed equipment; or
(c) has possession of any prescribed equipment intending to supply it to another person,
is guilty of an offence.
3. Electricity Act 1986, s 85
(1) A person must not, without proper authority—
(a) abstract or divert electricity from a power system; or
(b) interfere with a meter or other device for measuring the consumption of electricity supplied by an electricity entity.
Maximum Penalty
1 . $2000 or 2 Years Imprisonment or both 2 . $10,000 or 2 years or both 3 . $20,000 or 2 years or both
Penalty Received
No Conviction – Fine $1500 – Forfeiture of Equipment
Circumstances
4 Plants – Husband and wife co-accused – 1st time growing – personal use
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