He Kaw Teh

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honest and reasonable mistake of facts
EILEEN KING
Flashcards by EILEEN KING, updated more than 1 year ago
EILEEN KING
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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