Possession Of Border-Controlled Drug Or Plant Reasonably Suspected Of Being Unlawfully Imported

Possession of a border-controlled drug or plant reasonably suspected of being unlawfully imported 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
The substance is reasonably suspected of having been 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 Border-Controlled Drug Or Plant Reasonably Suspected Of Being Unlawfully Imported: Practices

Possession Of Border-Controlled Drug Or Plant Reasonably Suspected Of Being Unlawfully Imported: About

Defences

Some possible defences available to these charges can include:

The border-controlled drug or border-controlled plant was not 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 Border-Controlled Drug Or Plant Reasonably Suspected Of Being Unlawfully Imported: Practices