R v Weitering

[2006] VSCA 54

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Cultivation of cannabis
4. › Commercial quantity
5. › Whether established by weight or number of plants
6. › Drugs, Poisons and Controlled Substances Act 1981 (Vic), ss 4, 70, 72A
1. Statutory Interpretation
2. › Definition of 'commercial quantity'
3. › Alternative criteria expressed as disjunctive
4. › Whether context of offence limits applicable criterion
5. › Drugs, Poisons and Controlled Substances Act 1981 (Vic), s 70, Schedule

Quick Take

A commercial quantity of cannabis under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) may be established by either weight (25.0 kg) or number of plants (100), regardless of whether the charge is cultivation or trafficking. The weight criterion is not confined to trafficking charges, and the plant number criterion is not confined to cultivation charges.

Case Details

Citation[2006] VSCA 54

CourtVSCA

JurisdictionVictoria

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Cited by1

2006R v SibicVSCA 296

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