Cultivate Cannabis / Fine, Without Conviction

Case: Escaping conviction for cultivating cannabis.

Our client rented a house as a party house and later allowed it to be used for another person to cultivate cannabis. Police found no cannabis at our client’s home but seized $20,000 suspected to be proceeds of crime.

Charges/ Ch1 (Cultivate Cannabis); Ch2 (Theft of Electricity); Ch3 (Negligently Deal with Proceeds of Criminal); Ch4 (Deal with property suspected to be proceeds of crime); Ch5 (possess Cannabis)

Result/ withdrawn: Ch2, 3, 5; Plea Ch1, 4 (reduced sum): Fine without Conviction 

Our client was adamant that he was not responsible for the cannabis cultivation although he was aware of the activity in the house. The money seized at his house was from a loan and we obtained a defence witness letter from the lender. We negotiated with the Office of Public Prosecutions to amend the summary that acknowledged that our client had a minimal role in the cultivation and that he had an explanation as to at least $18,000 of the cash seized. Given the minimal role and lack of prior criminal history, the Judge took a lenient approach to sentencing. The client will also have his $18,000 returned to him.

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