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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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I was charged with production of cannabis, there were 48 plants

Resolved Question:

I was charged with production of cannabis, there were 48 plants and about 123 babies, at sentencing the prosecution dropped all the babies so I got sentenced on just 48 plants , the judge thanked the prosecution, and I was sentenced to 30 months.
At my POCA hearing now the prosecution have added the babies to make the consfication order bigger. So now they are sayin there were nearly 200 plants . I was sentenced only on 48, can they do this
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think they may not be able to ?
Also, I see you have not yet rated a previous answer so I would be grateful if you could do that now.
Customer: replied 2 years ago.

are they allowed to do this

and how do you rate

Expert:  Jo C. replied 2 years ago.
They can do that. It is a completely fresh hearing.
The fact that the criminal courts accepted X amount does not bing a civil hearing like POCA.
However, the fact that you were sentenced on that basis is evdience that you can use at the POCA hearing to support your position.
Can I clarify anything for you/
Jo
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