For offences under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW), the Crown must prove beyond reasonable doubt that the accused knew or believed the quantity of the prohibited drug was not less than the commercial quantity. Evidence establishing knowing involvement in drug supply does not, without more, establish knowledge or belief as to the quantity involved. Where the accused's conduct is equally consistent with involvement in a sub-commercial quantity transaction, the Crown has not excluded that reasonable hypothesis.
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