What is Drug Importation/Exportation ?

The importation of border-controlled drugs is a federal offence under ), Schedule 1, Regulation 307 of the Criminal Code 1995 (Cth). Importing or exporting a border-controlled drug is a Commonwealth offence and the penalties that can be imposed are harsh with the majority of offenders sentenced to a jail sentence.

Case law/Jurisdiction

The term “import” is defined in the Criminal Code as importing a substance into Australia and includes bringing the substance into Australia; and dealing with the substance in connection with its importation. This is a new definition and was inserted into the Commonwealth Criminal Code in January 2011 following the decision of Campbell v Regina (2008) 73 NSWLR 272.

What must the prosecution prove?

Since drug importation/exportation offence is a criminal offence, the burden of proof lies on the prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of drug importation/exportation.

To establish drug importation/exportation, the prosecution must prove each of the following matters beyond reasonable doubt;

  • The substance imported is a border-controlled drug, and the person was reckless as to that fact
  • The quantity was above the commercial or marketable quantity, as the case may be

That a person imported a substance into Australia, and imported that substance intentionally

The Law
Regulation 307.3 states:

“A person commits an offence if: (a) the person imports or exports a substance; and (b) the substance is a border-controlled drug or border-controlled plant.”

Regulation 307.2 uses the same wording as above but provides for the aggravated offence of importing or exporting a marketable quantity of that drug or plant.

Regulation 307.1 provides for the aggravated offence of importing or exporting a commercial quantity of that drug or plant.

If you are charged with the offence of Drug Importation/Exportation what are your options?

National Criminal Lawyers are one of the best drug lawyers that Greater Sydney has to offer. We have been successful in defending a number of drug importation/exportation charges where the prosecution could not establish each of the elements of drug importation/exportation.

NCL offer the following options for those who have been charged with drug importation/exportation;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will plead not guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Drug importation/exportation offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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