Section 303.4 of the Criminal Code Act 1995 (Cth) is Cultivating Commercial Quantity of Controlled Plants and is extracted below.
If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Cultivating Commercial Quantity of Controlled Plants matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.
303.4 Cultivating commercial quantities of controlled plants
(1) A person commits an offence if:
(a) the person cultivates a plant for a commercial purpose; and
(b) the plant is a controlled plant; and
(c) the quantity cultivated is a commercial quantity.
Penalty: Imprisonment for life or 7,500 penalty units, or both.
(2) The fault element for paragraph (1)(b) is recklessness.
(3) Absolute liability applies to paragraph (1)(c).
Note: Section 313.4 provides a partial defence in relation to the matter in paragraph (1)(c).
Relevant Definitions are as follows:
303.1 Meanings of cultivate and cultivates a plant
(1) For the purposes of this Part, cultivate includes the following:
(a) plant a seed, seedling or cutting;
(b) transplant a plant;
(c) nurture, tend or grow a plant;
(d) guard or conceal a plant (including against interference or discovery by humans or natural predators);
(e) harvest a plant, pick any part of a plant or separate any resin or other substance from a plant.
(2) For the purposes of this Part, a person cultivates a plant if the person:
(a) engages in its cultivation; or
(b) exercises control or direction over its cultivation; or
(c) provides finance for its cultivation.
303.2 Meaning of product of a plant
For the purposes of this Part, the product of a plant includes the following:
(a) a seed of the plant;
(b) a part of the plant (whether alive or dead);
(c) a substance separated from the plant.
303.3 Meaning of cultivates a plant for a commercial purpose
For the purposes of this Part, a person cultivates a plant for a commercial purpose if the person cultivates the plant:
(a) with the intention of selling any of it or its products; or
(b) believing that another person intends to sell any of it or its products
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference with our criminal law specialists.