Possession Of An Unlawfully Imported Border-Controlled Drug Or Plant

Possession of an unlawfully imported border-controlled drug or plant is a federal offence under division 307 of the Criminal Code Act 1995 (Cth).

What Must the Prosecution Prove?

The Prosecution must prove these elements beyond a reasonable doubt:

You are in possession of a substance that was unlawfully imported and
The substance is a border-controlled drug or plant and
You were reckless to the fact that the substance was a border-controlled drug or plant.

Maximum Penalties

The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:

Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment

Possession Of An Unlawfully Imported Border-Controlled Drug Or Plant: Practices

Possession Of An Unlawfully Imported Border-Controlled Drug Or Plant: About

Defences

Some possible defences available to these charges can include:

You did not know that the border-controlled drug or border-controlled plant was unlawfully imported
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)

Possession Of An Unlawfully Imported Border-Controlled Drug Or Plant: Practices