Speak to a Melbourne Criminal Lawyer. Call 1300 331 331

Possessing Unlawfully Imported Border Controlled Drugs or Border Controlled Plants

Commonwealth Offences – Federal

Welcome to the Federal Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants article page. Everything you need to know about Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants according to Federal law.

What the Law States according to Federal Law for Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants

According to Federal Law for the charge of Possessing Unlawfully Imported Border Controlled Drugs Or Border Controlled Plants:

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.

The 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 Police must prove according to Federal Law for 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.

Possible Defences under Federal Law – 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.

In Federal which court will hear the matter – 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.

 

Date: 09/01/2009

Get Quick Legal Advice

Your Name (required)

Your Email (required)

Your Phone Number (required)

Your State (required)

Subject

Your Message

Check if you're not a robot: