Cultivating a Prohibited Plant in Australia is considered as a Serious Offense.
Cultivating a prohibited plant in Australia is considered as a serious offense. Intoxicating drugs derived from such plants will only help in desecrating the quality of lifestyle and can even lead to motor vehicle accidents because people tend to drive under the influence of these intoxicating agents.
The law enforcement officials are very precise about recording such instances using short codes. A direct reference to the law part as well as a short description of the offense is available to the law enforcement officials and you can look at it in order to ascertain that the charges are appropriate. Moreover, such an approach will only help the offenders to have a clear insight about the nature of offenses that they are being charged with.
The Drugs Misuse and Trafficking Act
The drugs misuse and trafficking act get automatically activated when someone is charged with prohibited plant cultivation. There is a possibility for the court to award at least 10 years imprisonment along with 2000 penalty units being credited. As always, filing the case with the local court will only help in lowering the fine amount to $500. Things work out much differently in a district court.
For instance, you can expect an intensive correction order, which can range up to 2 years. Interestingly, the legal bodies will consider the amount of plant that is being cultivated in an illegal manner by the offender while charging him or her.
Did you Participate Knowingly?
The conviction process by the law enforcement officials will require them to prove that you knowingly participated in the cultivation of a prohibited plant. Many offenders were not convicted because of the simple fact that they officials could not find out ample evidence to verify that the offenders cultivated the plant in spite of knowing that it is illegal to do so.
If your criminal lawyer advises you to accept the offense, there is a small possibility that the court might not record the offense. This is helpful for the first-time offenders who would like a chance to correct themselves. Repeat offenders will find themselves facing the unfortunate but severe punishments.
Obtaining Lenient Sentences From the Court
Pleading guilty to the cultivation of a prohibited plant will make good sense. There is a high chance for the court to offer a lenient sentence. Many offenders opt for this route in order to escape from the wrath of the law.
A section 10 dismissal can occur in such instances. As a rule of thumb, the Australian courts will consider your current financial scenario and capabilities before awarding the fine amount. A good behavior bond for cultivating the prohibited plant is also obtainable if you can convince the court that you will be able to abide by the conditions given in the behavior bond.
Do you know that it is possible to obtain a much lenient sentence such as a community service for a specific time if you are dealing with the right set of criminal lawyers in Australia?
Many people are still unaware of such parameters and end up paying hefty fine amounts for minor offenses.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.