Importation Offences

Criminal Defence Lawyers

Drug Importation

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:

  1. A person intentionally importing into Australia a substance;
  2. That substance is classified as a border controlled substance; and
  3. The quantity imported is a marketable or commercial quantity.

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:

  1. Importation of a commercial quantity of a border controlled substance or plant;
  2. Importation of a marketable quantity of a border controlled substance or plant;
  3. Importation of a border controlled substance or plant.

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

 

FAQs about importation offences

What do the Police need to prove to charge someone with drug importation?

To charge and convict someone with this offence, the Police must prove the following essential ingredients:

  1. That you intentionally imported a substance into Australia;
  2. The substance is a border controlled substance; and
  3. The quantity is above the marketable or commercial quantity.

Do the Police need to prove that I actually imported the substance?

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.

Will I go to jail if I am convicted for importing a border controlled substance?

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.

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