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."
Selling a Controlled Plant
It is an offence in the ACT to sell a controlled plant. The maximum penalty ranges from fines of 300 penalty units to imprisonment for life, depending on the type and quantity of plants.
The Offence of Selling a Controlled Plant
The sale of controlled plants is divided into a number of offences based on the quantity of plants sold. These offences are contained in section 619 of the Criminal Code 2002 which states that a person commits an offence if they:-
- Sell a cannabis plant (contrary to section 619(8) of the Criminal Code2002), which carries a maximum penalty of a fine of 300 penalty units, imprisonment for 3 years or both;
- Sell a controlled plant other than a cannabis plant (contrary to section 619(7) of the Criminal Code2002), which carries a maximum penalty of a fine of 1,000 penalty units, imprisonment for 10 years or both;
- Sell a trafficable quantity of a controlled plant (contrary to section 619(5) of the Criminal Code2002), which carries a maximum penalty of 1,000 penalty units, imprisonment for 10 years or both;
- Sell a commercial quantity of a controlled plant (contrary to section 619(3) of the Criminal Code2002), which carries a maximum penalty of a fine of 2,500 penalty units, imprisonment for 25 years or both; or
- Sell a large commercial quantity of a controlled plant (contrary to section 619(1) of the Criminal Code2002), which carries a maximum penalty of life imprisonment.
The various weights that constitute trafficable, commercial and large commercial quantities for controlled plants are set out in Schedule 2 of the Criminal Code Regulation 2005.
What is ‘Selling’?
To understand why you may be charged with this offence, it is important to acknowledge the broad definition given to the act of selling. The term ‘sell’ is defined in section 600 of the Criminal Code 2002 which states that:
- Barter or exchange; and
- Give to someone in the belief that the person will provide property or services in return at a later time, whether by agreement or otherwise; and
- Agree to sell.
If you have done any of the above in relation to providing a controlled plant to someone else, you may be charged with selling a controlled plant.
What Actions Might Constitute Selling a Controlled Plant?
Examples of selling a controlled plant include:-
- You give your cousin a cannabis plant in exchange for his DVD collection of Entourage.
- Your brother catches you hosting a wild house party at your parents’ coast house. You ask him not to tell your parents and give him your 2 cannabis plants in return for his silence.
- You agree to sell your friend a number of coca plants. You have not given him the plants yet because he does not have the money on him but his neighbour overhears your conversation and calls police.
What the Police Must Prove
To convict you of selling a controlled plant, the prosecution must prove each of the following matters beyond a reasonable doubt:
- That you sold a plant; and
- That plant was a controlled plant; and
- That the quantity sold is equal to, or greater than, the quantity you are charged with selling.
Possible Defences for Selling a Controlled Plant
The common ways to defend this charge are:
- To maintain your innocence if you did not commit the act;
- To argue that you did not sell the plant;
- To argue that the plant was not a controlled plant; or
- To argue that the quantity of the plant is not sufficient to prove the offence with which you have been charged, for example you were charged with selling a trafficable quantity of cannabis plants but you only sold 9 plants (where the trafficable quantity is 10 or more plants).
Which Court Will Hear Your Matter?
These matters may be dealt with in either the ACT Magistrates Court or the ACT Supreme Court, depending on the quantity of the controlled plant you have been charged with selling.
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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