Our Result - Cannabis - 1200016

Reference: 1200016

Charge

1. Cultivation by artificially enhanced means
2. Possession of Prescribed Equipment
3. Interfere with supply of electricity

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