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Procuring a Child to Import or Export a Marketable Quantity of Border Controlled Drugs or Plants

Procuring a child to import or export a marketable quantity of border controlled drugs or plants

Is an offence under section 309.12 of the Criminal Code Act 1995 (Cth)

Which carries a maximum penalty of life in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You procured a person to import or export a substance
  2. The person was a child
  3. The substance was a border controlled drug or plant, and
  4. The amount of the substance was a marketable quantity

To ‘procure’ is to persuade or cause

To ‘import’ is to bring into Australia or deal 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

Marketable quantities of border controlled drugs and plants include:

At least 0.5 grams but less than 500 grams of MDMA (or ‘ecstasy’)

At least 2 grams but less than 750 grams of amphetamines

At least 2 grams but less than 1.5 kgs of heroin

At least 2 grams but less than 2 kgs of cocaine, or

At least 25 kgs but less than 100 kgs of cannabis leaf

You are not guilty of the offence if you establish to the court

‘on the balance of probabilities’

That you did not intend, nor believe another intended,

to sell any of the substance or its products

A ‘child’ is a person under the age of 18 years

Duress and necessity are defences to the charge.

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