Solicitor: Danielle Warren
Court: Mackay Magistrates Court
Date: August 2017
Our client was subject to a search warrant at his East Mackay residence, which resulted in police locating a number of cannabis plants which were hydroponically grown. The cannabis plants were supported by artificial light sources, an irrigation watering system, an exhaust filtration system, and an electrical system, allowing power to be regulated to operate the lights, irrigation, and exhaust systems.
This setup was split between two tents pitched in an upstairs bedroom of our client’s house. A total of five cannabis plants approximately 50cm in height and nine cannabis seedlings approximately 10 to 15cm in height were found.
In addition to the plants, police located approximately 41g of cannabis.
Throughout the search, our client was cooperative with police and made admissions that the cannabis was for his own use.
Just prior to the sentence, we were able to obtain concessions from the prosecution that the cannabis was for personal use. This allowed us to finalise our client’s charges in the Magistrates Court.
Our client entered a plea of guilty and a number of character references were tendered at his sentence hearing on his behalf. Our client was of otherwise good character in the community and this was supported by the character references and lack of any previous criminal history.
In all of the circumstances, our client was fined $1,500.00 for all offences. No conviction was recorded on his criminal history. This was an excellent result in the circumstances.
This is a summary of an actual case. Details have been omitted to protect the privacy of our client. We select cases which are informative and no guarantee is provided that similar results are achievable in all cases. Every case is different and you should obtain legal advice specific to your matter and circumstances.
Section 8– Producing Dangerous Drugs and Section 9 – Possessing Dangerous Drugs (Drugs Misuse Act Queensland). In this case, cannabis is a schedule 2 drug and the amounts did not exceed 500g, therefore the maximum penalty is 15 years imprisonment for both offences.