Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants
Date: 09/01/2009
The Law -
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.
Maximum Penalty - Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants
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.
What the prosecution must prove - Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants
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.
Possible Defences - Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants
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.
The Court process - Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants
This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in the Commonwealth Charge of Possessing Unlawfully Imported Border Controlled Drugs or Border Controlled Plants matters)