OPP Fails Criminal Law 101 In Cannabis Cultivation Trial – Judge Directs Not Guilty Verdict
Our client was driving to a factory to feed his dog. Whilst there police had raided the factory and found a commercial cannabis cultivation operation.
Charges/ Ch1 (Cultivate Commercial Quantity of Cannabis); Ch2 (Theft of Electricity)
Result/ Not Guilty Directed by Judge in No Case Submission
Despite the questionable conduct of police in the investigation, at no stage during the trial did the prosecution adduce evidence as to how our client purportedly actually cultivated cannabis. This was an essential element that required to be proven beyond reasonable doubt. The OPP submitted it was obvious our client cultivated cannabis by presence of the operation. However this was not proof of the element and the Judge directed Not Guilty verdicts to the charges.
