Drug Dealing Offences Import/Export

Question 1

What are some common methods of importing drugs?

Answer 1

Commonly drug importers will:

• have drugs concealed in or on their person, or in their luggage
• have another person (a ‘mule’) bring the drugs in for them
• send or have drugs sent by international mail or courier
• conceal drug

Question 2

Discuss the Mens rea of importing.

Answer 2

The Crown must prove the defendant:

• knew about the importation, and
• knew the imported substance was a controlled drug, and
• intended to cause the importation.

Question 3

Discuss Wilful Blindness.

Answer 3

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.

Question 4

What is a Controlled Drug Analogue?

Answer 4

An analogue is any substance (other than the exceptions specified in the definition) with a structure substantially similar to a controlled drug. It is a substance that has similar dangerous effects, but that is not specifically listed in the schedules to the Act.

Question 5

What are Class A Controlled Drugs?

Answer 5

Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act.

Some of the more well-known Class A controlled drugs include:

• Cocaine
• Heroin
• Lysergide (LSD)
• Methamphetamine
• Psilocybine (found in magic mushrooms)
  Note - the synthetic drugs AMB-FUBINACA and 5F-ADB have now been classified as Class A controlled drugs

Question 6

What are Class B Controlled Drugs?

Answer 6

Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act.

Class B controlled drugs are those that pose a high risk of harm and include:

• Amphetamine
• Cannabis preparations (such as cannabis oil and hashish)
• GHB (Fantasy)
• MDMA (Ecstasy)
• Morphine
• Opium
• Pseudoephedrine
• Ephedrine

Question 7

What are Class C Controlled Drugs?

Answer 7

Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue.

Class C controlled drugs pose a moderate risk of harm and include:

• Cannabis plant
• Cannabis seeds
• Benzylpiperazine (BZP)
• Controlled drug analogues

Question 8

What is the exception under Section 6(1)(a)?

Answer 8

The offences of importing and exporting relate to any controlled drug, irrespective of class.

Question 9

Discuss Guilty Knowledge.

Answer 9

For a person to be guilty of an offence relating to controlled drugs they must have guilty knowledge; a person who innocently possesses something they genuinely believed was not a controlled drug has a defence.

Question 10

Discuss Mistake as to nature of controlled drug.

Answer 10

While guilty knowledge is an essential element, section 29 provides that it is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.

Question 11

Discuss Useable Quantity and proving it.

Answer 11

In any drug offence the quantity of drug involved must be measurable and useable. While it is necessary that the amount of the controlled drug is of a useable quantity, under section 29A it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue.