Cultivation of a prohibited plant (Section 9 Misuse of Drugs Act 1975)

Charge 1: Cultivation of a prohibited plant under section 9 of the Misuse of Drugs Act 1975

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that you must be sure that each element is proved.

1.	Are you sure that Mr Smith cultivated the six plants found in his garden?
	“Cultivated” means taking any step that is intended to help a plant to grow. It includes sowing, planting, feeding or caring for the plant. The plant does not have to be grown to maturity. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that the six plants were cannabis plants?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew that the cannabis plants were prohibited plants or was reckless as to whether they were prohibited plants?
	[Note: The mental element of the offence is assumed in the absence of evidence suggesting otherwise. Therefore, this issue will only need to be put to the jury where the defendant has pointed to some evidence to raise the issue. If there is such evidence, the Crown is required to prove the mental element beyond reasonable doubt.] “Reckless” means that Mr Smith recognised that there was a real possibility that the cannabis plants were prohibited plants and, having regard to that possibility, his actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.