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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:

  1. You procured a person to import or export a substance
  2. The person was a child, and
  3. 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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