The defence under s 307.5(4) of the Criminal Code (Cth) (that the accused did not know the border controlled drug was unlawfully imported) is available on a charge of attempting to possess unlawfully imported border controlled drugs even where the drugs were intercepted overseas and never entered Australia. The prosecution is not required to prove the accused knew or intended that the substance was unlawfully imported; absolute liability applies to that element. The phrase 'did not know' in s 307.5(4) is expressed in simple English and does not require further direction on alternative states of mind such as suspicion or recklessness.
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