Charge

Our client was charged with cultivation for sale.

Circumstances

Police attended at a rural property as a result of a fire that was being lit outside of the fire season. When they arrived they found 30 plants of cannabis growing outdoors. They found indicia of pipes and a small amount of cannabis inside the house.

The client was charged with cultivation for sale. The matter was committed from the Magistrates Court to the District Court. It was indicated to the prosecutor who initially had the file that my client had grown the cannabis for medicinal purposes for both himself and his dog. Prosecution did not accept that. The matter was listed for trial. It was decided to proceed with trial by judge alone.

A fresh prosecutor then was given the conduct of the matter. They then indicated that there were difficulties with certain of the facts that were being proposed. We then negotiated and provided additional information which confirmed that the cannabis had been grown for my client’s personal use. The matter then was listed in the District Criminal Court before Judge Muscat and His Honour after hearing the facts convicted and imposed a bond to be of good behaviour for a period of two years.

The client was extremely happy with that outcome.

DISCLAIMER: This is a real case study of an actual case from Caldicott Lawyers. Details of the client have been changed to protect their privacy. The penalty imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible penalties in South Australian Courts. Caldicott Lawyers do not guarantee a similar case on these charges will get the same result. Please note that Caldicott Lawyers post results at our discretion, therefore while many case studies are good results, others are notable for their exceptional results.

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