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Click here to obtain a Word version of this document for adaptation
[This checklist is can be used where it is alleged the accused imported a border controlled drug.]
Before you can convict the accused of importing a border controlled drug, there are four elements that the prosecution must prove beyond reasonable doubt:
1. The accused imported a substance; and
2. The accused intended to import the substance; and
3. The substance imported was a border controlled drug; and
4. The accused was reckless as to the substance imported being a border controlled drug.
Imported a substance
1. Has the prosecution proved that the accused imported a substance?
Consider: Did the accused either:
a) Bring the substance into Australia; or
b) Deal with the substance in connection with its importation?
If Yes, then go to 2
If No, then the accused is not guilty of importing a border controlled drug
Intention to import
2. Has the prosecution proved that the accused intended to import the substance?
If Yes, then go to 3
If No, then the accused is not guilty of importing a border controlled drug
Border controlled drug
3. Has the prosecution proved that the substance imported was a border controlled drug?
Consider: [Insert relevant border controlled drug] is a border controlled drug.
If Yes, then go to 4
If No, then the accused is not guilty of importing a border controlled drug
Recklessness about nature of substance
4.1. Has the prosecution proved that the accused knew that the substance was [insert relevant border controlled drug]?
If Yes, then the accused is guilty of importing a border controlled drug (as long as you also answered Yes to Questions 1, 2 and 3)
If No, then go to 4.2
4.2. Has the prosecution proved that the accused believed that the substance was [insert relevant border controlled drug]?
If Yes, then the accused is guilty of importing a border controlled drug (as long as you also answered Yes to Questions 1, 2 and 3)
If No, then go to 4.3
4.3. Has the prosecution proved that the accused was aware that there was a substantial risk that the substance was [insert relevant border controlled drug] and knew that in the circumstances it was not justifiable to do what s/he did?
If Yes, then the accused is guilty of importing a border controlled drug (as long as you also answered Yes to Questions 1, 2 and 3)
If No, then the accused is not guilty of importing a border controlled drug
Last updated: 23 March 2015