The offences regarding importation and exportation of prohibited drugs are set out in the Commonwealth Criminal Code which can be located within the Criminal Code Act 1995 (Cth).
What the law states
Section 307.7 of the Criminal Code states that:
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance was unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant.
This offence is an absolute liability offence. Absolute liability means that the defence or excuse of honest and reasonable mistake/belief is excluded from use. The offence is decided upon the actus reus (the actual acts committed), and the mens rea (intent) is not considered.
Defences
Defences to this offence include duress and necessity. A further defence exists if the person proves that he or she did not know that the border controlled drug or border controlled plant was unlawfully imported.
Furthermore, where the offence involves a marketable or commercial quantity, it is a defence if the person proves that they didn’t intend or believe that another intended to sell any of the border controlled drugs, and if the person proves that he or she did not know that he border controlled drug or border controlled plant was unlawfully imported.
Penalties
The maximum penalty for this offence is $44,000 or 2 years imprisonment or both.
If the offence involves a marketable quantity of drugs, the maximum penalty is $550,000 or 25 years imprisonment or both (Section 307.6).
If the offence involves a commercial quantity of drugs, the maximum penalty is $825,000, or imprisonment for life, or both (Section 307.5).
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people charged with possessing unlawfully imported border controlled drugs or border controlled plants. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.