Under s 307.8(1)(c) read with s 300.5 of the Criminal Code 1995 (Cth), the prosecution need only prove the accused knew or was reckless as to whether the substance was a border controlled drug; it need not prove knowledge of the particular identity of the drug. A direction requiring knowledge of the specific drug (e.g. MDMA) is erroneous but favourable to the defence. The failure to use the formula 'so says your speaker, so say you all' when taking a jury verdict does not amount to an error of law where unanimity is otherwise established beyond reasonable doubt.
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