Where an accused's legal representative fails to advise that the prosecution must prove a specific mental element of the offence (here, intention to cultivate not less than a commercial quantity), and the accused pleads guilty without knowledge of that element, the plea may not evince a 'consciousness of guilt' and the conviction may be quashed as a miscarriage of justice, provided there is an issuable question of guilt. For the offence of cultivation of a commercial quantity of cannabis under s 72A, the prosecution must prove the accused intended to cultivate not less than 25 kilograms, or at least knew there was a 'real and significant chance' the cannabis would reach that weight.
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