Louis Dean of our office represented a client who was charged with Cultivating a Commercial Quantity of Cannabis, as well as Carrying on a Business of Trafficking Cannabis.
Police uncovered a sophisticated cultivation set up involving the use of hydroponic equipment at our client’s address. 33 kilograms of Cannabis was also recovered. Our client, who did not choose to seek legal advice prior to being interviewed, admitted to police that he had been growing and selling Cannabis for 4 years. Due to these admissions, a further charge of ‘Trafficking’ was laid.
After being charged, our client sought advice at a very early point in proceedings, which allowed Louis to commence negotiations to resolve his case prior to the first listing. Although a commercial quantity of Cannabis was located at our client’s address, Louis was able to identify that there was insufficient evidence to prove he was aware of the weight he was cultivating. With this issue put to the Prosecution, our client’s case resolved to a plea to Cultivating Cannabis (Simpliciter), a far less serious charge. With the matter resolved at an early point our client also had ample opportunity to obtain material to be used in support of his Plea Hearing.
With his case prepared from an early stage, Louis successfully applied to keep our client’s case in the Magistrates’ Court and commenced a Plea Hearing on his behalf. Shortly thereafter, our client was sentenced to a Community Corrections Order with a single treatment only condition.
It was critical in this case that our client sought advice from an early point. This allowed us to identify a clear path for resolution, and identify the material required that would most assist our client at plea. This allowed our client to finalise his case with the best possible outcome, in a timely fashion, and without the need for any unnecessary legal expenses. The case is also a reminder of the importance of seeking legal advice prior to interview by police, as our client’s failure to do this likely resulting in additional charges being laid.