Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 311 - Combining quantities of drugs, plants or precursors  

Subdivision C - Combining parcels from multiple offences  

SECTION 311.9  

311.9   Multiple offences - cultivating controlled plants  
The prosecution may prove an offence against Division 303 (commercial cultivation of controlled plants) by proving:


(a) that the defendant committed offences against this Division on different occasions; and


(b) that each of those offences was committed within a period of not more than 7 days from another of those offences; and


(c) that the relevant quantity (in sum) of a controlled plant, or of a combination of controlled plants, was cultivated during the commission of those offences.

Note 1:

See section 312.2 for working out quantities where different kinds of controlled plants are involved.

Note 2:

Section 313.4 provides a partial defence in relation to the matter in paragraph (c).




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