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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

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Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

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Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

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I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.

I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks

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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.

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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.

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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.

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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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 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 Code), 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 Code), which carries a maximum penalty of a fine of 1000 penalty units, imprisonment for 10 years or both;
Sell a trafficable quantity of a controlled plant (contrary to Section 619(5) of the Code), which carries a maximum penalty of 1000 penalty units, imprisonment for 10 years or both;
Sell a commercial quantity of a controlled plant (contrary to Section 619(3) of the Code), which carries a maximum penalty of a fine of 2500 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 Code), 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 Code which states that:

“Sell” includes:

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.

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