Cultivate a commercial quantity of a narcotic plant

Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 72A

Sentencing outcomes in the higher courts, 1 July 2016 to 30 June 2021

Charge data

In the higher courts, 359 charges of cultivate a commercial quantity of a narcotic plant were sentenced in the five years to 30 June 2021. The most common sentence for a charge of this offence was imprisonment (97%, or 350 of 359 charges).

The shortest prison sentence was less than 1 month, the longest was 6.5 years, and the median was 2.17 years, meaning that half of the prison sentences were below 2.17 years and half were above.

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In 349 cases sentenced in the higher courts in the five years to 30 June 2021, cultivate a commercial quantity of a narcotic plant was the principal proven offence (the most serious crime) in the case. In those 349 cases, 311 cases people were male and 38 cases people were female. The most common sentence was imprisonment (97%, or 340 of 349 cases).

The shortest prison sentence was less than 1 month, the longest was 7.5 years, and the median was 2.33 years, meaning that half of the prison sentences were below 2.33 years and half were above.

The shortest non-parole period was 0.58 years, the longest was 5 years, and the median was 1.5 years, meaning that half of the non-parole periods were below 1.5 years and half were above.

A case is a collection of one or more charges against a person or company sentenced at the one hearing. Case data is most useful in understanding the total sentence usually imposed on people found guilty of a particular crime.

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Figure 1: Sentencing outcomes for all charges of cultivate a commercial quantity of a narcotic plant (359 charges)

Note: The graph only includes data for the most severe sentence imposed for the charge. For example, only imprisonment is included for combined orders of imprisonment and a community correction order. Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for charges
Figure 2: Imprisonment lengths for charges of cultivate a commercial quantity of a narcotic plant (329 charges)

Range and median: The minimum imprisonment length is less than 1 month, the maximum is 6.5 years, and the median is 2.17 years, meaning that half of the imprisonment lengths are below 2.17 years and half are above.

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph of imprisonment for charges
Figure 6: Sentencing outcomes for charges of cultivate a commercial quantity of a narcotic plant by financial year (359 charges)

Note: The graph only includes data for the most severe sentence imposed for the charge. For example, only imprisonment is included for combined orders of imprisonment and a community correction order. Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for charges by financial year
Figure 7: Number of charges of cultivate a commercial quantity of a narcotic plant by financial year (359 charges)
Bar graph of charges by financial year
Figure 8: Average imprisonment lengths for charges of cultivate a commercial quantity of a narcotic plant by financial year (329 charges)

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph of imprisonment for charges by financial year
Figure 11A: Sentencing outcomes for all people for cases of cultivate a commercial quantity of a narcotic plant (349 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes
Figure 11B: Sentencing outcomes for males for cases of cultivate a commercial quantity of a narcotic plant (311 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for males
Figure 11C: Sentencing outcomes for females for cases of cultivate a commercial quantity of a narcotic plant (38 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for females
Figure 11D: Sentencing outcomes for people aged under 25 for cases of cultivate a commercial quantity of a narcotic plant (55 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for people aged under 25
Figure 11E: Sentencing outcomes for people aged 25 to 54 for cases of cultivate a commercial quantity of a narcotic plant (254 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for people aged 25 to 54
Figure 11F: Sentencing outcomes for people aged 55 and over for cases of cultivate a commercial quantity of a narcotic plant (40 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for people aged 55 and over
Figure 12A: Imprisonment lengths for all people for cases of cultivate a commercial quantity of a narcotic plant (340 cases), including imprisonment only (331 cases) and imprisonment combined with a community correction order (CCO) (9 cases)

Range and median: The minimum imprisonment length is less than 1 month, the maximum is 7.5 years, and the median is 2.33 years, meaning that half of the imprisonment lengths are below 2.33 years and half are above.

Bar graph of imprisonment
Figure 12B: Imprisonment lengths for males for cases of cultivate a commercial quantity of a narcotic plant (303 cases)

Range and median: The minimum imprisonment length is less than 1 month, the maximum is 7.5 years, and the median is 2.25 years, meaning that half of the imprisonment lengths are below 2.25 years and half are above.

Bar graph of imprisonment for males
Figure 12C: Imprisonment lengths for females for cases of cultivate a commercial quantity of a narcotic plant (37 cases)

Range and median: The minimum imprisonment length is 0.67 years, the maximum is 4.25 years, and the median is 2.33 years, meaning that half of the imprisonment lengths are below 2.33 years and half are above.

Bar graph of imprisonment for females
Figure 12D: Imprisonment lengths for people aged under 25 for cases of cultivate a commercial quantity of a narcotic plant (55 cases)

Range and median: The minimum imprisonment length is 0.75 years, the maximum is 4 years, and the median is 2 years, meaning that half of the imprisonment lengths are below 2 years and half are above.

Bar graph of imprisonment for people aged under 25
Figure 12E: Imprisonment lengths for people aged 25 to 54 for cases of cultivate a commercial quantity of a narcotic plant (246 cases)

Range and median: The minimum imprisonment length is less than 1 month, the maximum is 7.5 years, and the median is 2.42 years, meaning that half of the imprisonment lengths are below 2.42 years and half are above.

Bar graph of imprisonment for people aged 25 to 54
Figure 12F: Imprisonment lengths for people aged 55 and over for cases of cultivate a commercial quantity of a narcotic plant (39 cases)

Range and median: The minimum imprisonment length is 0.62 years, the maximum is 5.5 years, and the median is 2.33 years, meaning that half of the imprisonment lengths are below 2.33 years and half are above.

Bar graph of imprisonment for people aged 55 and over
Figure 12G: Imprisonment lengths without a community correction order (CCO) for cases of cultivate a commercial quantity of a narcotic plant (331 cases)

Range and median: The minimum imprisonment length is 0.62 years, the maximum is 7.5 years, and the median is 2.33 years, meaning that half of the imprisonment lengths are below 2.33 years and half are above.

Bar graph of imprisonment without a community correction order
Figure 13A: Non-parole periods for all people for cases of cultivate a commercial quantity of a narcotic plant (331 cases)

Range and median: The minimum non-parole period is 0.58 years, the maximum is 5 years, and the median is 1.5 years, meaning that half of the non-parole periods are below 1.5 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods
Figure 13B: Non-parole periods for males for cases of cultivate a commercial quantity of a narcotic plant (297 cases)

Range and median: The minimum non-parole period is 0.67 years, the maximum is 5 years, and the median is 1.5 years, meaning that half of the non-parole periods are below 1.5 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for males
Figure 13C: Non-parole periods for females for cases of cultivate a commercial quantity of a narcotic plant (34 cases)

Range and median: The minimum non-parole period is 0.58 years, the maximum is 2.75 years, and the median is 1.29 years, meaning that half of the non-parole periods are below 1.29 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for females
Figure 13D: Non-parole periods for people aged under 25 for cases of cultivate a commercial quantity of a narcotic plant (55 cases)

Range and median: The minimum non-parole period is 0.67 years, the maximum is 2.33 years, and the median is 1.25 years, meaning that half of the non-parole periods are below 1.25 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for people aged under 25
Figure 13E: Non-parole periods for people aged 25 to 54 for cases of cultivate a commercial quantity of a narcotic plant (238 cases)

Range and median: The minimum non-parole period is 0.58 years, the maximum is 5 years, and the median is 1.5 years, meaning that half of the non-parole periods are below 1.5 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for people aged 25 to 54
Figure 13F: Non-parole periods for people aged 55 and over for cases of cultivate a commercial quantity of a narcotic plant (38 cases)

Range and median: The minimum non-parole period is 0.67 years, the maximum is 3.5 years, and the median is 1.5 years, meaning that half of the non-parole periods are below 1.5 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for people aged 55 and over
Figure 19A: Number of cases of cultivate a commercial quantity of a narcotic plant by financial year for all people (349 cases)
Bar graph of cases by financial year for all people
Figure 19B: Number of cases of cultivate a commercial quantity of a narcotic plant by financial year for males (311 cases)
Bar graph of cases by financial year for males
Figure 19C: Number of cases of cultivate a commercial quantity of a narcotic plant by financial year for females (38 cases)
Bar graph of cases by financial year for females
Figure 19D: Number of cases of cultivate a commercial quantity of a narcotic plant by financial year for people aged under 25 (55 cases)
Bar graph of cases by financial year for people aged under 25
Figure 19E: Number of cases of cultivate a commercial quantity of a narcotic plant by financial year for people aged 25 to 54 (254 cases)
Bar graph of cases by financial year for people aged 25 to 54
Figure 19F: Number of cases of cultivate a commercial quantity of a narcotic plant by financial year for people aged 55 and over (40 cases)
Bar graph of cases by financial year for people aged 55 and over
Figure 18A: Sentencing outcomes for all people for cases of cultivate a commercial quantity of a narcotic plant by financial year (349 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes by financial year
Figure 18B: Sentencing outcomes for males for cases of cultivate a commercial quantity of a narcotic plant by financial year (311 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes by financial year for males
Figure 18C: Sentencing outcomes for females for cases of cultivate a commercial quantity of a narcotic plant by financial year (38 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes by financial year for females
Figure 18D: Sentencing outcomes for people aged under 25 for cases of cultivate a commercial quantity of a narcotic plant by financial year (55 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of yearly sentences for people aged under 25
Figure 18E: Sentencing outcomes for people aged 25 to 54 for cases of cultivate a commercial quantity of a narcotic plant by financial year (254 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of yearly sentences for people aged 25 to 54
Figure 18F: Sentencing outcomes for people aged 55 and over for cases of cultivate a commercial quantity of a narcotic plant by financial year (40 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of yearly sentencing outcomes for people aged 55 and over
Figure 20A: Average imprisonment lengths for cases of cultivate a commercial quantity of a narcotic plant by financial year (340 cases)
Bar graph of imprisonment by financial year
Figure 20B: Average imprisonment lengths without a community correction order (CCO) for cases of cultivate a commercial quantity of a narcotic plant by financial year (331 cases)
Bar graph of imprisonment without a community correction order
Figure 20C: Average imprisonment lengths and non-parole periods (NPPs) for cases of cultivate a commercial quantity of a narcotic plant by financial year (278 cases)

Note: NPP Cases in the graph indicates that only cases with a non-parole period are included.

Bar graph of imprisonment and non-parole periods
Figure 22A: Ages of offenders (where age is known) for cases of cultivate a commercial quantity of a narcotic plant (349 cases)
Bar graph of ages of offenders
Figure 22B: Gender of offenders (where gender is known) for cases of cultivate a commercial quantity of a narcotic plant (349 cases)
Bar graph of gender of offenders
Figure 22C: Number of charges per case (of any sentenced offence) for cases of cultivate a commercial quantity of a narcotic plant (349 cases)
Bar graph of charges in case

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