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 301.10 of the Criminal Code states:
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the substance is reasonably suspected of having been unlawfully imported; and
(c) the substance is a border controlled drug or border controlled plant.
Absolute liability applies to the unlawful importation factor, also when the quantity is either marketable or commercial. 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. Also, if the person proves that the border controlled drug or border controlled plant was not unlawfully imported.
Penalties
The maximum penalty for this offence is $44,000 or 2 years imprisonment or both.
If the border controlled drug is of a marketable quantity, the maximum penalty increases to $550,000 or 25 years imprisonment or both.
Finally, if the border controlled drug is of a commercial quantity, the maximum penalty is $825,000 or imprisonment for life or both.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people charged with possessing border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported. 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.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.