What's happening?
Cultivation charges typically relate to growing prohibited plants such as cannabis, while manufacture charges relate to producing a prohibited drug, often through a chemical process. These matters can range from a small personal setup through to larger operations, and the scale involved has a significant effect on how the matter is treated.
Police often rely on evidence gathered during a search of a property, including plants, equipment, chemicals or other materials, along with evidence connecting a person to the property or equipment in question. Establishing who had knowledge and control of the operation is frequently a central issue.
What could it mean for me?
- The scale of the operation, including plant numbers or yield, significantly affects the seriousness of the charge.
- Commercial-scale cultivation or manufacture matters are generally dealt with in the District Court.
- Evidence of knowledge and control over the premises or equipment is often central to establishing the charge.
- Associated charges, such as possessing precursor chemicals or equipment, may also arise.
- These matters can carry significant penalties depending on scale and circumstances.
What are my options?
- Contesting knowledge or control where you were not responsible for the cultivation or manufacture.
- Challenging the legality of a search where relevant to the evidence obtained.
- Negotiating the specific charge where the facts may support a different characterisation.
- Pleading guilty and presenting mitigation addressing personal circumstances and scale of the offending.
- Exploring case conferencing options for matters proceeding in the District Court.
What happens next?
- Seek advice urgently given the seriousness typically associated with these charges.
- Avoid making statements to police about ownership, knowledge or involvement without advice.
- Identify any evidence relevant to who had access to or control over the property or equipment.
- Attend your first court date and review the brief of evidence carefully once served.
- Discuss with your lawyer whether the scale alleged is properly supported by the evidence.
How can MGE Lawyers help?
We closely examine the evidence in cultivation and manufacture matters, including how the alleged scale is calculated and what evidence links you personally to the operation, since these matters often turn on questions of knowledge and control rather than a dispute about what was found.
We provide clear advice about realistic outcomes at each stage, and where a plea is appropriate we focus on presenting your personal circumstances and any mitigating factors thoroughly to the court.