In Queensland drug possession prosecutions, the mental element required of an accessory (aider, counsellor or procurer) under s 7(1)(b), (c) or (d) of the Criminal Code as to the nature of the thing to be secured need not be more extensive than that required of the principal offender. It is sufficient for the Crown to prove the accessory aided the principal to secure possession of something which in fact was or contained dangerous drugs, without proving the accessory knew the contents were drugs. The accessory, like the principal, may then rely on the defence of honest and reasonable belief under s 129(1)(d) of the Drugs Misuse Act, but bears the onus of proving that belief.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.