For a conviction of aiding importation under ss 11.2(3)(a) and 307.1 of the Criminal Code Act 1995 (Cth), the Crown must prove the accused knew or believed the drugs were imported, not merely that they were drugs. The inference of knowledge from the fact of importation recognised in He Kaw Teh does not readily extend to a subordinate participant who was never in physical possession of the imported goods. The statutory defence under s 307.5(4) must be left to the jury where the evidential burden is discharged, regardless of whether defence counsel raises it.
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