Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Cultivating a Controlled Plant
It is an offence in the ACT to cultivate a controlled plant. The maximum penalty is a fine of 200 penalty units and/or 2 years imprisonment.
The Offence of Cultivating a Controlled Plant
The offence of cultivating a controlled plant is contained in section 618(1) of the Criminal Code 2002 which states that a person commits an offence if they cultivate a controlled plant other than a cannabis plant.
The maximum penalty for this offence is a fine of 200 penalty units, 2 years imprisonment or both.
What is Cultivation?
To understand why you may be charged with this offence, it is important to acknowledge the broad definition given to the act of cultivation. The terms ‘cultivates’ and ‘cultivation’ are defined in section 615 of the Criminal Code 2002 which states that:
A person ‘cultivates’ a plant if the person:-
- Engages in its cultivation; or
- Exercises control or direction over its cultivation; or
- Provides or arranges finances for its cultivation.
‘Cultivation’ of a plant includes:-
- Planting a seed, seedling or cutting of the plant or transporting the plant; or
- Nurturing, tending or growing the plant; or
- Guarding or concealing the plant (including against interference or discovery by humans or natural predators); or
- Harvesting the plant (including picking any part of the plant or separating any resin or other substance from the plant).
If you have been involved in any of the above you may be charged with cultivation. It is not necessary for you to have been involved in the cultivation from start to finish, or to have been solely responsible for the cultivation in order to be charged with cultivation.
What Actions Might Constitute Cultivating a Controlled Plant?
Examples of cultivating a controlled plant include:-
- Scattering seeds of a controlled plant in a secluded area of your parents’ 1000 acre property;
- Watering your partner’s controlled plants;
- Planting a controlled plant you got off your friend in one of your favourite pots and ensuring it gets enough water and sunlight;
- Concealing controlled plants to avoid other people discovering them; or
- Harvesting the buds from a controlled plant for your brother to consume.
What the Prosecution Must Prove
To convict you of cultivating a controlled plant, the prosecution must prove each of the following matters beyond reasonable doubt:-
- That you cultivated a plant; and
- That plant was a controlled plant.
However, if you:
- Intended to sell the plant or any its products; or
- Believed that someone else intended to sell it or any of its products; or
- You cultivated a trafficable quantity (or more) of the plant
then you will likely be charged with Cultivating a Controlled Plant for Selling.
Possible Defences for Cultivating A Controlled Plant:
The common ways to defend this charge are:
- To maintain your innocence if you did not commit the act; or
- To argue that you were not cultivating the plant; or
- To argue that the plant was not a controlled plant.
Which Court Will Hear Your Matter?
This is a summary matter and will be dealt with in the ACT Magistrates Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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