Created by EILEEN KING
over 8 years ago
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Question | Answer |
What does subsection (1A) of s233B provide? | the P does not need to prove the accused 'knew' the goods in his possession which he attempted to possess had been imported in breach of the act; it is a defence if the D can prove he 'did not know' the goods... were imported... |
How did the trial Judge err? | The TJ erred when he directed the Jury that the P did not need to prove the Accused, charged under s233B, acted with guilty knowledge (that the bag he bought into the country contained heroin) |
What does s233B not express? | s233B does not express that 'knowledge' is one of its element. |
What does the word 'import' mean? | Import simple means ' to bring into the Cth from abroad' see Lyons v Smart (1908) 6 CLR 3 |
what does import not mean? | it does not mean 'knowledge' or 'intention' |
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