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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 72C Defence to prosecution for offences involving cultivation

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 72C

Defence to prosecution for offences involving cultivation

It is a good defence to a prosecution for an offence against section 72, 72A, 72B or 72D(2) involving the cultivation of a narcotic plant if the person charged with the offence adduces evidence which satisfies the court on the balance of probabilities that, having regard to all the circumstances (including his or her conduct) in which the matter alleged to constitute the offence arose or preparatory to the alleged commission of the offence, he or she did not know or suspect and could not reasonably have been expected to have known or suspected that the narcotic plant was a narcotic plant.

S. 72D inserted by No. 2/2016 s. 12.