The Court: County Court of Victoria
The Lawyer: Mike Brown
The Charges:
The Allegations:
The client was a 47-year-old male charged with Cultivating a Commercial Quantity of Cannabis after police executed a search warrant at a rented residential property in Melbourne, where police discovered an elaborate hydroponic setup spanning three bedrooms with artificial lighting and ventilation. A total of 90 kilograms of cannabis plants at various stages of growth were seized.
The client and the co-accused were caught in the grow house during the execution of the warrant and were subsequently arrested and charged with the offence of Cultivating a Commercial Quantity of Cannabis.
At Court:
The client pleaded guilty to the offence at the County Court at the earliest opportunity. He had no prior offences, expressed remorse and demonstrated steps toward rehabilitation, including drug and alcohol counselling. Our solicitor referred the client to a forensic psychologist for the preparation of a report to tender to the court.
The Judge accepted our solicitor’s submissions that while the offending is serious, our client’s role was limited to cultivation. Taking into account the early plea, lack of priors and the client’s genuine rehabilitation prospects, the supporting materials from family and a forensic psychologist report, the Judge imposed a 9-month wholly suspended sentence. This in itself was an excellent outcome.
Following sentencing, the Crown made an application under the Confiscation Act 1997 (Vic) to seize the client’s house and car.
The Outcome:
After numerous consultations and conferences with a specialist barrister in the field, our solicitor prepared detailed written submissions to the Crown and the Court regarding the confiscation of the client’s assets. Following receipt of the written submissions, the Crown withdrew its application for asset confiscation.
This was a remarkable outcome for the client, as he not only avoided a term of imprisonment but also retained his motor vehicle and house.
