Cultivation of Narcotic Plant Flashcards

1
Q

What is the offence section under DPCSA 1981 (AKA Drugs Act)

for Cultivate Narcotic Plant

A

Section 72B – Cultivation of narcotic plants.

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2
Q

What are the 2 elements procutions must prove BRD for the offence of Cultivating a Narcotic Plant

A

To prove this crime, the prosecution must prove the following 2 elementsbeyond reasonable doubt:

  • One - the accused intentionally cultivated a plant.
  • Two - the plant cultivated by the accused was a narcotic plant.
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3
Q

The 1st element refers to what the accused did

he must have intentionally cultivated a plant.

what does the law define as Cultivation

A

The law defines cultivation to include

  • planting
  • nurturing
  • tending
  • growing,
  • harvesting,
  • sowing the seeds

of a plant.

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4
Q

outline the 2nd element of the offence

the plant cultivated by the accused was a narcotic plant

A

The plant cultivated by the accused must have been a “narcotic plant”.

  • Section 70(1) defines “narcotic plant” to mean “any plant the name of which is specified in column 1 of Part 2 of Schedule Eleven” of the Drugs Act. This includes cannabis, as well as two types of coca plant and two types of opium poppy
  • The definition of “narcotic plant” has been amended by the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, to include a cutting of such a plant, whether or not the cutting has roots.
  • Section 120 of the Drugs Act provides that a certificate purporting to be signed by an analyst with respect to any analysis or examination he or she has made shall be sufficient evidence of the identity of the substance analysed, of the result of the analysis and of the matters relevant to the proceedings as stated in the certificate. Section 120 also provides that a certificate purporting to be signed by a botanist shall be sufficient evidence of the identity of the substance examined.
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5
Q

outline the legislative requirements for the offence of Section 72B - Cultivation of Narcotic Plants

A

A person who, without being authorized by or licensed under this Act or the regulations to do so, cultivates or attempts to cultivate a narcotic plant is guilty of an indictable offence and liable—

(a) if the trial judge (or magistrate on a summary hearing) is satisfied on the balance of probabilities that the offence was not committed by the person for any purpose related to trafficking in that plant, <strong>to level 8 imprisonment (1 year maximum) or a penalty of not more than 20 penalty units or both</strong>; or

(b) in any other case, to level 4 imprisonment (15 years maximum).

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