Previous Topic

Next Topic

Book Contents

Book Index

7.6.2.5 - Checklist: Cultivation of a Commercial or Large Commercial Quantity 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 in a commercial or large commercial quantity, contrary to ss72 or 72A, and the accused has not raised a defence under s72C.

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 contrary to s72B, and the accused has not raised a defence under s72C, use Checklist: Cultivation of Narcotic Plants (Simple).]

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).]

 

Three 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; and
  3. The accused intentionally cultivated a [commercial/ large commercial] quantity of plants.

 

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
a [Commercial/ Large Commercial] Quantity 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 3.1

If No, then the Accused is not guilty of Cultivation of
a [Commercial/ Large Commercial] Quantity of Narcotic Plants

Quantity

3.1 Did the accused cultivate not less than a [commercial/ large commercial] quantity of the plant?

Consider – [Insert relevant weight or number of plants] is a [commercial/large commercial] quantity of [insert name of plant].

If Yes, then go to 3.2

If No, then the Accused is not guilty of Cultivation of
a [Commercial/ Large Commercial] Quantity of Narcotic Plants

3.2 Did the accused intend to cultivate not less than a [commercial/ large commercial] quantity of plants?

If Yes, then the Accused is guilty of Cultivation of
a [Commercial/ Large Commercial] Quantity of Narcotic Plants
(as long as you have also answered yes to questions 1, 2 and 3.1).

If No, then the Accused is not guilty of Cultivation of
a [Commercial/ Large Commercial] Quantity of Narcotic Plants

 

Last updated: 30 August 2006

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)

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

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

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