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7.6.2.2 - Checklist: Cultivation of Narcotic Plants (Simple)

Click here to obtain a Word version of this document for adaptation.

 

[This checklist can be used if the accused is charged with cultivation of narcotic plants contrary to s72B, and the accused has not raised a defence under s72C.

If the accused is charged with cultivation of narcotic plants contrary to s72B, and the accused has raised the s72C Defence, use Checklist: Cultivation of Narcotic Plants (Section 72C Defence).

If the accused is charged with cultivation of narcotic plants in a commercial or large commercial quantity, contrary to ss72 or 72A, and the accused has not raised the s72C Defence, use Checklist: Cultivation of a Commercial or Large Commercial Quantity of Narcotic Plants (Simple).]

If the accused is charged with cultivation of narcotic plants in a commercial or large commercial quantity, contrary to ss72 or 72A, and the accused has raised the s72C Defence, use Checklist: Cultuvation of a Commercial or Large Commercial Quantity of Narcotic Plants (Section 72C Defence).]

 

Two elements the prosecution must prove beyond reasonable doubt:

  1. The accused intentionally cultivated a plant; and
  2. The plant cultivated by the accused was a narcotic plant.

 

An Intentional Act of Cultivation

1. Did the accused intentionally cultivate a plant?

Consider – "Cultivation" includes planting, growing, tending, nurturing, harvesting and sowing the seeds of a plant.

If Yes, then go to 2

If No, then the Accused is not guilty of Cultivation of Narcotic Plants

A Narcotic Plant

2. Was the plant cultivated a "narcotic plant"?

Consider – [Insert name of plant] is a "narcotic plant"

If Yes, then the Accused is guilty of Cultivation of Narcotic Plants
(as long as you also answered yes to question 1).

If No, then the Accused is not guilty of Cultivation of Narcotic Plants

 

Last updated: 2 March 2007

See Also

7.6.2 - Cultivation of Narcotic Plants

7.6.2.1 - Charge: Cultivation of Narcotic Plants

7.6.2.3 - Checklist: Cultivation of Narcotic Plants (Section 72C Defence)

7.6.2.4 - Charge: Cultivation of a Commercial or Large Commercial Quantity of Narcotic Plants

7.6.2.5 - Checklist: Cultivation of a Commercial or Large Commercial Quantity of Narcotic Plants (Simple)

7.6.2.6 - Checklist: Cultivation of a Commercial or Large Commercial Quantity of Narcotic Plants (Section 72C Defence)