Alternative verdict—mistake as to quantity of drug, plant or precursor
313.4 Alternative verdict—mistake as to quantity of drug, plant or precursor
This section applies if:
an offence against this Part (other than Division 307) is prosecuted; and
the offence involves a commercial quantity or a marketable quantity of a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor; and
the trier of fact would, apart from this section, have found the defendant guilty of the offence.
If:
the defendant proves that, at the time of the alleged offence, he or she was under a mistaken belief about the quantity of the drug, plant or precursor; and
if the mistaken belief had been correct, the defendant would have been guilty of another offence against this Part; and
the maximum penalty for the other offence is less than the maximum penalty for the alleged offence;
the trier of fact may find the defendant:
not guilty of the alleged offence; but
guilty of the other offence.
A defendant bears a legal burden in relation to the matter in paragraph (2)(a) (see section 13.4).
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