Possess Prohibited Plant

Published 24 Oct 2011

Case Study - Criminal Charge - Criminal Matter – Nowra Local Court - Possess Cannabis Plant – Section 10

Nyman Gibson Stewart Criminal Defence Lawyers – Sydney and Parramatta

Nowra Local Court

Represented by solicitor: Shaun Mortimer

Facts: Our client’s property was broken into by two youths who had heard that a cannabis plant was growing in his back yard. The Police arrested these two youths, who were in possession of the plant. The Police then questioned our client about the plant, and he made admissions to the Police that he had the planted the plant some months before when drunk, and had forgotten about it. Our client pleaded guilty to the offence of Possession of a Cannabis Plant, and the matter proceeded to sentence.

Result: It was argued that as he had no criminal record, needed to avoid a criminal record to continue working in health care, and had made a strong lifelong contribution to the community, he should be given the benefit of the doubt and be spared a conviction. The Magistrate agreed, and the charge was dismissed pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999.  

Shaun Mortimer is a criminal defence lawyer based at our Sydney office, and regularly appears at courts in regional New South Wales.