South Australian Current Acts

CONTROLLED SUBSTANCES ACT 1984 - SECT 33Q

33Q—Alternative conviction—mistake as to identity of controlled substance

        (1)         If, in any proceedings against a person for an offence against this Part relating to a particular quantity of a controlled substance—

            (a)         the court is satisfied that, at the time of the conduct constituting the offence, the person was under a mistaken belief about the identity of the controlled substance; and

            (b)         the person would have been guilty of another equivalent or lesser offence against this Part if his or her mistaken belief had been correct,

the court may find the person not guilty of the offence charged but guilty of the other equivalent or lesser offence (and the person is liable to be punished accordingly).

        (2)         The burden of proving a mistaken belief as to the identity of a controlled substance lies on the defendant.

        (3)         For the purposes of this section, an equivalent or lesser offence is an offence for which the maximum penalty is the same as or less than the maximum penalty for the offence charged.