Importing or Exporting Border Controlled Drug
What is Import or Export Border Controlled Drug?
Under Section 307 of the Commonwealth Criminal Code 1995, it is an offence to Import or Export a border controlled drug.
To import means to bring a border controlled substance into the country from overseas. The package needs to arrive from a foreign country, and a delivery point must exist. With the increase use of the “Dark Web” for the purchase of illegal substances, importation can simply occur at the moment when goods pass through a Customs warehouse or checkpoint, when the package is picked up by a person, or finally when the package has arrived at the destination of someone’s home.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
That the accused imported or exported a substance; and
That substance was a border controlled drug or plant
The Prosecution will also need to prove the weight of the drug as there is a significant difference between the penalties for the import/export of a small, marketable or commercial quantity. There will need to be evidence of the actual importing process taking place, and this can be done through various forms of evidence such as phone intercepts, identification footage, witness testimony.
An accused’s prospects of successfully defending this charge will be increased if the Crown case is based on only one witness testimony and especially if that witness giving the evidence is a former associate who has turned informant and is now giving evidence against fellow syndicate members. The reliability of such witness would come under intense scrutiny by the Defence. Any ambiguous phone intercepts or text messages would also come under close analysis.
In order to beat this charge, the accused must also establish that he or she had a reasonable and honest belief that the substance imported or exported was not a border controlled drug or plant.
Intention is an important element that needs to be considered for a possible defence. A lack of commercial intention would show that the accused did not intend to sell any of the drugs, nor had the knowledge that another person would sell the drugs. If a person imported the substance without knowledge of what the substance was, and was acting simply with recklessness in their importation, they will not be found guilty. Contact Lawyer Call and discuss with one of our Senior Defence solicitors some of the available options.
What is conspiracy?
A majority of importation cases involving large amounts, the Prosecution may rely on evidence that an agreement existed to import a drug into the country, and the intention to import was made clear in that agreement between the individuals. If the Prosecution relies on the conspiracy provisions found within the Commonwealth Criminal Code, there does not need to be evidence of an actual importation, but simply evidence of an agreement being in place. If you have been charged under the Conspiracy Provisions, contact Lawyer Call immediately, as this is a very delicate and serious matter where expert advice is strongly recommended.
Going to Court – "What am I looking at?"
In importation/exportation cases, the weight of the particular drug is important in determining what charge will be laid. Below is a list of some of the more common drugs and the weight limits.
The penalties for the Importation of a Border Controlled Drug are very serious and can range significantly.
Contact Lawyer Call today and speak to an expert Drug Defence Solicitor.