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
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 Cannabis (WA)
The criminal laws about cannabis use in Western Australia changed in 2011. The new legislation seeks to avoid criminalising the use of cannabis where a small quantity of the drug is possessed and there have been no attempts to supply it to others. A person caught with a small amount of cannabis in Western Australia will be dealt with by way of a Cannabis Intervention Requirement (CIR), which requires them to undertake a Cannabis Intervention Session within a period of 28 days. No criminal record results from being issued with a CIR. However, tough penalties remain in place for those caught cultivating cannabis with the intent to supply it to others. A mandatory sentencing regime also exists in relation to certain offences involving cultivation.
Cannabis can be cultivated legally in Western Australia if it is done under the federal licensing scheme for medicinal purposes.
Cultivating cannabis offences
Under the Misuse of Drugs Act 1981 it is an offence in Western Australia to possess or cultivate a prohibited plant with the intent of selling or supplying the plant (Section 7(1)). This offence attracts a maximum penalty of $20,000 fine or a term of imprisonment for 10 years when it is finalised in the District Court or Supreme Court. A summary court (Magistrates Court) can impose a fine of up to $5000 or imprisonment for up to four years. Section 11 of the creates a presumption that a person has the intent to sell or supply a prohibited plant if they cultivate more than 20 cannabis plants.
Cultivating cannabis or other prohibited plants is an offence under Section 7(2) of the Misuse of Drugs Act. This offence carries a penalty of $2000 or imprisonment for up to two years. Cultivate is defined as ‘grow, sow or scatter the seed produced by, or to plant, nurture, tend or harvest, the prohibited plant’
Section 7A also makes it an offence to sell or supply a thing knowing it will be used in the hydroponic cultivation of a prohibited plant.
Western Australia has a mandatory sentencing regime for drug offences affecting children.
Supply to a child
Where an adult supplies a prohibited plant to a child in Western Australia, they must be given a sentence that includes:
- For a first offence, imprisonment, suspended imprisonment, or conditional suspended imprisonment;
- For a subsequent offence – imprisonment for at least six months that is not suspended.
Cultivating cannabis that endangers a child
Where an adult cultivates a prohibited plant in a way that endangered the life, health or safety of a child under 16 in Western Australia, then they must be sentenced to:
- For a first offence, imprisonment, suspended imprisonment or conditional suspended imprisonment;
- For a subsequent offence, at least six months imprisonment, which is not suspended.
Cultivating cannabis that harms a child
Where an adult is found guilty of cultivating prohibited plants in circumstances where it caused bodily harm to a child under 16, then they must be sentenced to imprisonment for a period of at least 12 months that is not suspended.
Applying to grow cannabis
Under a federal licensing scheme, any person in Western Australia can apply for a licence to grow cannabis for medicinal purposes. To be granted a licence to grow cannabis, the applicant must show that they have a suitable location, facilities and proposed security measures to ensure the cannabis is grown in compliance with the Narcotic Drugs Act 1967. The person must show that they are fit and proper and must not have committed a serious offence in the last 10 years. They must demonstrate that they will take all necessary steps to ensure the physical security of the cannabis.
In 2017, the first licence to grow cannabis in Western Australia was granted to the company Auscann. Auscann now operates a secure outdoor cannabis farm in Western Australia.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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.
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