In prosecutions for picking plants of an endangered ecological community under s 118A(2) NPW Act, the prosecution must prove beyond reasonable doubt all characteristics identified in the Scientific Committee's final determination, including soil type — floristic evidence alone is insufficient where the determination identifies both flora and soil characteristics. Expert reports relying on laboratory analyses must disclose the chain of custody, the identity and qualifications of the analyst, and the test results, or risk exclusion under ss 135 or 137 of the Evidence Act. Section 194(1)(d) requires consideration of foreseeability from the position of the particular offender, not merely an objective reasonable person test.
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