Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.1 - Serious drug offences  

Division 310 - Harm and danger to children under 14 from serious drug offences  

SECTION 310.4   Aggravated offences - manufacturing controlled drugs and controlled precursors  

(1)  
If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.

(2)  
For the purposes of this Part, an offence against section 305.4 or 305.5 is an aggravated offence if:


(a) the commission of the offence exposes an individual to the manufacture of a controlled drug; and


(b) the individual is under 14 years of age.

(3)  
For the purposes of this Part, an offence against section 306.2 , 306.3 or 306.4 is an aggravated offence if:


(a) the commission of the offence exposes an individual to:


(i) a controlled precursor intended to be used for the manufacture of a controlled drug; or

(ii) the manufacture of a controlled precursor; and


(b) the individual is under 14 years of age.

(4)  
The fault element for paragraphs (2)(a) and (3)(a) is recklessness.

(5)  
Strict liability applies to paragraphs (2)(b) and (3)(b).

(6)  
Subsections (2) and (3) do not apply if the commission of the offence does not give rise to a danger of harm to the individual.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) ).

(7)  
For the purposes of this section, if the commission of an offence exposes a person to the risk of catching a disease that may give rise to a danger of harm to the person, the commission of the offence is taken to give rise to a danger of harm to the person.

(8)  
For the purposes of this section, the commission of an offence gives rise to a danger of harm if the commission of the offence is ordinarily capable of creating a real, and not merely a theoretical, danger of harm.

(9)  
For the purposes of this section, the commission of an offence may give rise to a danger of harm whatever the statistical or arithmetical calculation of the degree of risk of harm involved.




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