Where an accused pleads guilty to importing a marketable quantity of a border controlled drug under s 307.2(1) of the Criminal Code (Cth) and does not establish the defence under s 307.2(4) that the drug was for personal use, the sentencing court is entitled to sentence on the basis that the importation was for a commercial purpose without the Crown being required to prove that purpose beyond reasonable doubt. The structure of s 307 does not permit an independent inquiry into the contemplated use of the drug.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.