Procuring a Child to Import or Export Border Controlled Drugs or Plants
Procuring a child to import or export border controlled drugs or plants
Is an offence under section 309.13 of the Criminal Code Act 1995 (Cth)
Which carries a maximum penalty of 25 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You procured a person to import or export a substance
- The person was a child, and
- The substance was a border controlled drug or plant
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
Border controlled drugs and plants include:
Amphetamines and methamphetamines
Heroin, cocaine, LSD and MDMA (or ‘ecstacy’), and
Cannabis
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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