Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 72C

Defence to prosecution for offences involving cultivation

72C. Defence to prosecution for offences involving cultivation

It is a good defence to a prosecution for an offence against section 72, 72A
or 72B 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.