Importing Drugs or Precursors

THE CRIMINAL OFFENCE OF IMPORTING DRUGS OR PRECURSORS

The criminal offences of importing drugs or precursors are serious indictable offences with severe consequences, including life imprisonment. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF IMPORTING DRUGS?

Section 307 of the Criminal Code Act 1995 (Cth) constitutes it a criminal offence for a person to import a border controlled drug or border controlled plant.

WHAT ARE THE PENALTIES FOR THE CRIMINAL OFFENCE OF IMPORTING DRUGS OR PLANTS?

There are three distinct categories of drug importation offences with varying degrees of maximum penalties, depending on the quantity imported.

Less than a Marketable Quantity: Section 307.3 of the Criminal Code Act 1995 (Cth) prescribes a maximum penalty of 10 years imprisonment and/or a fine of 2,000 penalty units for anyone convicted of the criminal offence of importing a border controlled drug or border controlled plant.

Marketable Quantity: Section 307.2 of the Criminal Code Act 1995 (Cth) prescribes a maximum penalty of 25 years imprisonment and/or a fine of 5,500 penalty units for anyone convicted of the criminal offence of importing a marketable quantity of a border controlled drug or border controlled plant.

Commercial Quantity: Section 307.1 of the Criminal Code Act 1995 (Cth) prescribes a maximum penalty of life imprisonment and/or a fine of 7,500 penalty units for anyone convicted of the criminal offence of importing a commercial quantity of a border controlled drug or border controlled plant.

WHAT IS THE CRIMINAL OFFENCE OF IMPORTING PRECURSORS?

Section 307 of the Criminal Code Act 1995 (Cth) constitutes it a criminal offence for a person to import a border controlled precursor.

WHAT ARE THE PENALTIES FOR THE CRIMINAL OFFENCE OF IMPORTING PRECURSORS?

There are three distinct categories of precursor importation offences with varying degrees of maximum penalties, depending on the quantity imported.

Less than a Marketable Quantity: Section 307.13 of the Criminal Code Act 1995 (Cth) prescribes a maximum penalty of 7 years imprisonment and/or a fine of 1,400 penalty units for anyone convicted of the criminal offence of importing a border controlled precursor.

Marketable Quantity: Section 307.12 of the Criminal Code Act 1995 (Cth) prescribes a maximum penalty of 15 years imprisonment and/or a fine of 3,000 penalty units for anyone convicted of the criminal offence of importing a marketable quantity of a border controlled precursor.

Commercial Quantity: Section 307.11 of the Criminal Code Act 1995 (Cth) prescribes a maximum penalty of 25 years imprisonment and/or a fine of 5000 penalty units for anyone convicted of the criminal offence of importing a commercial quantity of a border controlled precursor.

KEY TERMS OF THE CRIMINAL OFFENCE OF IMPORTING DRUGS OR PRECURSORS

To best understand the criminal offence of importing drugs or precursors, it is important to understand the definition of border-controlled drugs, plants and precursors.

WHAT ARE BORDER-CONTROLLED DRUGS?

Section 301.4 of the Criminal Code Act 1995 (Cth) defines a border-controlled drug as a substance, other than a growing plant, that is:

• Listed by a regulation as a border controlled drug; or
• A drug analogue of a listed border controlled drug; or
• Determined by the AFP Minister as a border controlled drug under Section 301.13 of the Criminal Code Act 1995 (Cth) (which deals with emergency determinations of serious drugs).

Schedule 2 of the Criminal Code Regulations 2002 lists all border control drugs.

WHAT ARE BORDER-CONTROLLED PLANTS?

Section 301.5 of the Criminal Code Act 1995 (Cth) defines a border-controlled plant as a growing plant that is:

• Listed by a regulation as a border controlled plant; or
• Determined by the AFP Minister as a border controlled plant under Section 301.13 of the Criminal Code Act 1995 (Cth).

Section 5E of the Criminal Code Regulations 2002 lists all border controlled plants.

WHAT ARE BORDER-CONTROLLED PRECURSORS?

Section 301.6 of the Criminal Code Act 1995 (Cth) defines a border controlled precursor as a substance (including a growing plant) that is:

• Listed by a regulation as a border controlled precursor; or
• A salt or ester of a precursor that is so listed; or
• An immediate precursor of a precursor that is so listed; or
• Determined by the AFP Minister as a border controlled precursor under Section 301.14 of the Criminal Code Act 1995 (Cth).

WHAT ARE THE DEFENCES AGAINST GUILT FOR AN IMPORTING DRUGS OR PRECURSORS CONVICTION?

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of importing drugs or precursors in circumstances where the criminal offence of importing drugs or precursors must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Duress: You may defend a charge of the criminal offence of importing drugs or precursors on the basis of duress, which is that you imported the drugs or precursors under duress due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Honest and Reasonable Mistake: You may defend a charge of the criminal offence of importing drugs or precursors on the defence that you were unaware that your actions were contributing to the importation of drugs or precursors.

No intention to sell: The Criminal Code Act (1995) provides the partial defence against the charge of importing a marketable or less than marketable quantity of drugs that:

• The accused neither intended, nor believed that another person intended, to sell any of the border controlled drug or any of the border controlled plant or its products.

A successful application of this defence will unlikely result in an acquittal, but rather the charging of the offence under Section 307(4) of the Criminal Code Act 1995 (Cth), which prescribes a maximum penalty of 2 years imprisonment and/or a fine of 400 penalty units for anyone convicted of the criminal offence of importing a border controlled drug or border controlled plant, other than a determined border controlled drug or a determined border controlled plant.

Other defences against a conviction of the criminal offence of importing drugs or precursors may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you.

WHAT FACTORS WILL AFFECT PUNISHMENT FOR AN IMPORTING DRUGS OR PRECURSORS CONVICTION?

• Any criminal history
• Any early guilty plea
• The quantity of the drug or precursor imported
• Your level and role in the importation of the drug or precursor
• Whether the importation was an isolated act
• The level of financial gain from committing the offence, if any
• Any positive character references
• Any assistance you give to authorities is important in consideration of a reduced sentence

WHAT COURT ARE IMPORTING DRUGS OR PRECURSORS OFFENCES HEARD IN?

Strictly indictable offences are finalised in the District or Supreme Courts.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW and Australia, including importing drugs or precursors offences.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal drug and precursor importation lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.