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

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[This checklist can be used if the accused is charged with cultivation of narcotic plants contrary to s72B, and the accused has raised the s72C defence that the accused did not know or suspect, and could not reasonably have been expected to have known or suspected, that the plant they were cultivating was a narcotic plant.

If the accused is charged with cultivation of narcotic plants contrary to s72B, and the accused has not raised the s72C Defence, use Checklist: Cultivation 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: Cultivation of a Commercial or Large Commercial Quantity 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).]

 

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 go to 3

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

Defence of Lack of Knowledge

Two matters the defence must prove on the balance of probabilities:

3. That the accused did not know or suspect that the plant they were cultivating was a narcotic plant; and

4. That the accused could not reasonably have been expected to have known or suspected that the plant they were cultivating was a narcotic plant.

Accused’s Knowledge

3. Has the defence proven, on the balance of probabilities, that the accused did not know or suspect that the plant they were cultivating was a narcotic plant?

If Yes, then go to 4

If No, then the Accused is guilty of
Cultivation of Narcotic Plants (as long as
you answered yes to questions 1 and 2)

Reasonable Expectation

4. Has the defence proven, on the balance of probabilities, that the accused could not reasonably have been expected to have known or suspected that the plant they were cultivating was a narcotic plant?

If Yes, then the Accused is not guilty of
Cultivation of Narcotic Plants (as long as
you also answered yes to question 3)

If No, then the Accused is guilty of
Cultivation of Narcotic Plants (as long as
you answered yes to questions 1 and 2)

 

Last updated: 2 March 2007

See Also

7.6.2 - Cultivation of Narcotic Plants

7.6.2.1 - Charge: Cultivation of Narcotic Plants

7.6.2.2 - Checklist: Cultivation of Narcotic Plants (Simple)

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)