In prosecutions for cultivating a narcotic plant in not less than a commercial quantity under s 72A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the trial judge must explicitly identify intention to cultivate not less than a commercial quantity as an element of the offence, must direct the jury in accordance with the Nguyen template (including that proof of knowledge or belief of a significant or real chance is capable of sustaining but does not compel the inference of intention), and must relate the directions to the evidence. Failure to do so will result in a mistrial, and the proviso to s 568(1) of the Crimes Act 1958 (Vic) will not save the conviction where the accused gave exculpatory evidence.
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