The importation of bordered controlled drugs is a Federal offence. It is an incredibly serious offence and this is reflected by the fact that the maximum penalties range up to imprisonment for life.
An importation of border controlled drug involves:
The term “import” has a very wide meaning and includes any action from importing the substance into Australia or dealing with the substance in connection with an importation.
The offence of drug importation is broken down into 3 categories:
The maximum penalties for this offence ranges from 10 years imprisonment to life imprisonment, depending on the quantity imported. Unlike NSW offences, Federal offences only consider the pure quantity.
These offences are strictly indictable offense which means that they can only be prosecuted in the District Court of NSW or Supreme Court of NSW.
The following table sets out the maximum penalties applicable to the different quantity ranges:
|
Quantity |
Cocaine |
Methamphetamine |
Ecstasy |
Heroin |
Maximum Penalty |
|
Marketable |
2 grams |
2 grams |
0.5 grams |
2 grams |
25 years imprisonment and/or a fine of 5000 penalty units |
|
Commercial |
2 kgs |
0.75 kgs |
0.5 kgs |
1.5 kgs |
life imprisonment and/or a fine of 7500 penalty units |
To charge and convict someone with this offence, the Police must prove the following essential ingredients:
No. If the Polcie can prove that you played a part in the importation (such as providing logistics) then you can still be charged with a drug importation offence.
The Police can rely on a joint criminal enterprise to charge you with this offence if they can prove that you entered into an agreement with other individuals to import a border controlled substance and acted to support the importation.
In broad terms, it means that you had immediate physical possession of the drug. For example, if the drug is found in your pocket or your bag. Where you have control of a drug, this means that you intended to do something with it – i.e. use it, keep it, share it.
