Defences
72.16 Defences
If:
a person is charged with an offence against section 72.12, 72.13, 72.14 or 72.15; and
the prosecution alleges that the plastic explosive breached a particular marking requirement;
it is a defence if the defendant proves that he or she had no reasonable grounds for suspecting that the plastic explosive breached that marking requirement.
A defendant bears a legal burden in relation to the matter in subsection (1) (see section 13.4).
For the marking requirements, see section 72.33.
If:
a person is charged with an offence against section 72.12, 72.13 or 72.15; and
the prosecution alleges that the plastic explosive breached the second marking requirement;
it is a defence if the defendant proves that, at the time of the alleged offence:
the plastic explosive contained a detection agent; and
the concentration of the detection agent in the plastic explosive was not less than the minimum manufacture concentration for the detection agent; and
the detection agent was homogenously distributed throughout the plastic explosive.
A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
For the marking requirements, see section 72.33.
For minimum manufacture concentration, see section 72.34.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.