Elements of the offence

The offence of importing prohibited narcotics requires the prosecution to prove beyond reasonable doubt two things:

Proof of importation

Importation is proved by the passage of a bag through Customs into Australia after leaving an overseas aircraft or by proving the passage of a letter through the postal network into Australia from overseas.

Knowledge required

To prove that it is a crime it must be shown that the accused knew that it was there and what it was. In practice, this evidence is often obtained from the confessions of people arrested.

Territorial limits

The general principle is that only crimes committed within the territorial limits of Australia can be punished in Australian criminal courts. It is well established that goods are regarded as imported when the aircraft carrying them lands in Australia or when a ship has brought them within a port. Any person in possession of a prohibited import within Australia's territorial seas is also within the reach of the Customs Act 1901 (Cth).