Drug Importation / Exportation

The Law

Regulation 307.3 states:
A person commits an offence if:

1. the person imports or exports a substance; and
2. 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.

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 Substance Importation/Exportation is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

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.

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

National Criminal Lawyers (NCL) have been successful in defending many Document Containing Threats charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Importing/Exporting Drugs:

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 the 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.

Please contact us now for more information about your options.