Cannabis Cultivation is an offence under Section 303.6 of the Criminal Code Act 1995 which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You ‘cultivated’ a plant if:
A ‘commercial purpose’ is where:
A ‘product’ of the plant is:
You were ‘reckless’ if you were aware it was likely that the substance or plant was cannabis but went ahead with your actions regardless.
A defence to the charge is ‘duress’, which is where:
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