What must the prosecution prove?
Since Cultivation is a criminal offence, the burden of proof lies with the Prosecution.
The prosecution must prove the accused’s guilt beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of cultivate prohibited plant. To be convicted the police must prove;
- That you cultivated a plant; and
- That the plant was a prohibited plant.
The offence of Cultivate Prohibited Plant is contained in section 23 of the Drug Misuse and Trafficking Act 1985 (NSW) and states a person who:
cultivates, or knowingly takes part in the cultivation of, a prohibited plant, supplies, or knowingly takes part in the supply of, a prohibited plant, or has a prohibited plant in his or her possession, is guilty of an offence.