Possessing border controlled drugs or plants reasonably suspected of being unlawfully imported is an offence under section 307.10 of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 2 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Or were reckless in that regard
‘Imported’ means brought into Australia or dealt with in connection therewith.
You were ‘reckless’ if you were aware it was likely that the substance was a border controlled drug or plant but went ahead with your actions regardless.
You are not guilty of the offence if you establish to the court ‘on the balance of probabilities’ that the substance was not unlawfully imported.
A defence to the charge is ‘duress’, which is where:
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