For offences under ss.71 and 71AA of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the Crown must prove the accused intended to traffick in a prohibited substance in the specified quantity. Proof that the accused believed there was a significant or real chance that the quantity met the statutory threshold is capable of sustaining an inference of intention, but the jury must be directed that drawing the inference is a matter for them and must be the only inference reasonably open. A trial judge should not direct the jury that proof of knowledge of a significant or real chance is sufficient in itself for conviction; rather, the jury must be told it is evidence from which they may draw the inference of intention. The NSW approach in R v [name withheld] should not be followed in Victoria to the extent it suggests otherwise.
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