Importation and Trafficking
Importation and Trafficking
Drug importation is a serious federal offence under Section 307 of the Criminal Code Act 1995 (Cth). The penalties range from 2 years imprisonment to life imprisonment, depending on the drug type and quantity.
With the stakes high, and the risk of penalty of life, we work with you early to provide appropriate legal advice and give you the best possible chance to avoid jail and move on with your life.
What the Prosecution Must Prove
The prosecution must prove the following elements beyond reasonable doubt:
- Importation of a substance: The person knowingly imported the substance into Australia.
- Border controlled drug: The substance imported is a border controlled drug and the person was reckless regarding this fact.
- Quantity: The quantity of the drug was above the commercial or marketable quantity, as applicable.
Penalties for Drug Importation
Cocaine:
- Marketable quantity: 2 grams — 25 years imprisonment or $500,000 fine.
- Commercial quantity: 2 kgs — Life imprisonment or $750,000 fine.
Methamphetamine:
- Marketable quantity: 2 grams — 25 years imprisonment or $500,000 fine.
- Commercial quantity: 0.75 kgs — Life imprisonment or $750,000 fine.
Ecstasy:
- Marketable quantity: 0.5 grams — 25 years imprisonment or $500,000 fine.
- Commercial quantity: 0.5 kgs — Life imprisonment or $750,000 fine.
Heroin:
- Marketable quantity: 2 grams — 25 years imprisonment or $500,000 fine.
- Commercial quantity: 1.5 kgs — Life imprisonment or $750,000 fine.
Defences to Drug Importation
Possible defences include:
- Duress: The person reasonably believed they were threatened.
- Lack of Commercial Intent: For offences involving smaller quantities, if the person did not intend to sell the drug, they may argue lack of commercial intent.
- No Intent: person intended to import the drug and was reckless about it being a border controlled drug.
- False Allegation: not involved, mistaken identity.
Need Legal Help with Drug Importation Charges?
Drug importation charges are one of the most serious drug offences and you may face significant terms of imprisonment.
IMS Lawyers Australia can provide experienced legal advice and representation for any and all types of drug importation or trafficking matters.
Contact IMS Lawyers Australia today for assistance.
