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9.1.2.4 – Checklist: Importing Border Controlled Drugs

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[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

See Also

9.1.2 – Importing/Exporting Border Controlled Drugs and Plants

9.1.2.1 – Charge: Importing/Exporting Marketable or Commercial Quantities of Border Controlled Drugs and Border Controlled Plants

9.1.2.2 – Checklist: Importing Marketable or Commercial Quantities of Border Controlled Drugs

9.1.2.3 - Charge: Importing/Exporting Border Controlled Drugs and Border Controlled Plants