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Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants

What the law says

Sections 307.7 of the Commonwealth Criminal Code states:

(1) A person commits an offence if:

(a) the person possesses a substance; and

(b) the substance is a unlawfully imported; and

(c) The substance is a border controlled drug or border controlled plant; and

(2) Absolute liability applies to paragraph (1)(b)

(3) The fault element for paragraph (1)(c) is recklessness.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused possessed a substance; and

2. the substance was unlawfully imported; and

3. The substance is a border controlled drug or border controlled plant; and

 It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Possessing Unlawfully Imported Border Controlled Drugs or Border Controlled Plants is 2 years imprisonment or 400 penalty units or both.

Which court will hear the matter

This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused did not possess a substance.
  2. The substance was not a border controlled drug or border controlled plant.
  3. The substance was not imported.
  4. The accused did not know that the border controlled drug or border controlled plant was unlawfully imported.
 

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