Importing drugs or precursors

Our expert criminal lawyers for importing drugs or precursors can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Importing drugs or precursors

Importing drugs into Australia is a federal offence.  If you have been caught importing drugs into the country, no matter the quantity you were importing, the matter will be heard by the District Court, and you could be facing anything from 10 years to life imprisonment. 

Importation cases vary significantly in strength. Our lawyers know how to beat charges based on circumstantial and unreliable evidence. Our criminal lawyers tear into co-accused informants who roll on their friends and associates to save their skin.

We attack police experts who interpret conversations as being codes for importations. We challenge visual and voice identifications of people that police claim to be our clients. 

If our clients plead guilty, we get them the most lenient sentences. 

What are the Import – Export Offences in Australia? 

Importing and exporting drug charges are dealt with in the Criminal Code Act 1995, Division 307 – Import-Export Offences, Subdivision A – Importing and Exporting Border Controlled Drugs or Border Controlled Plants. 

Importing and Exporting Offences come under 4 categories depending on the quantity of border-controlled drugs or plants. Charges differ for each. They are as follows; 

1. Importing and exporting commercial quantities of border-controlled drugs or border-controlled plants
2. Importing and exporting marketable quantities of border-controlled drugs or border-controlled plants
3. Importing and exporting border-controlled drugs or border-controlled plants
4. Importing and exporting border-controlled drugs or border-controlled plants—no defence relating to lack of commercial intent 

What is deemed as “commercial quantity”, “marketable quantity” or otherwise varies depending on the drug the offence is in relation to. The chart below outlines the different drug weight categories. 

What is a border-controlled drug? 

Schedule 2 of the Criminal Code Regulations 2002 lists all border-controlled drugs, along with the quantities deemed to be a commercial quantity and a marketable quantity.   This is an extensive list and includes all drugs that would also be considered “illicit” as well as many pharmaceutical drugs.   

 What is a border-controlled plant? 

Section 5E of the Criminal Code Regulations 2002 lists all border-controlled plants with the quantity that is deemed a commercial quantity and marketable quantity, and is copied below.   

Pleading not guilty

You will be found not guilty of the offence of importing border-controlled precursors if the police cannot prove beyond a reasonable doubt: 

• You import or export a substance; and 
• Either or both of the following apply:  
  1. You intend to use any of the substances to manufacture a controlled drug;
  2. You believe that another person intends to use any of the substance to manufacture a controlled drug. 
• The person knew or was reckless. 
• The substance is a border-controlled precursor; and
• The weight imported or exported. 

An importation requires border-controlled drugs and precursors to arrive in Australia from abroad and be delivered to a point that results in the goods remaining in Australia. That may occur when the goods pass through customs or are picked up by an offender (or their agent). Or, when the goods arrived at their intended location (for example, a home). 

For the drug importation charges to be upheld, the prosecution must be able to 

1. Prove all of the essential elements of the drug importation or exportation charge were present.  This includes identifying you as the offender and proving that you had the knowledge required to do so.   
2. Disprove beyond a reasonable doubt any defences used against your charge.    

There are several defences that can be used to beat drug manufacturing charges.  These include, but are not limited to, the following;  

• Duress.
• Honest and Reasonable Mistake.
• Lack of Intent.
• Identification.
• The Pure Weigh is less than the quantity alleged.

We also argue that the police cannot establish that our clients knew they were committing the offence of drug importation. Specifically, that if they did import the drug, they did so under a misapprehension (that was reasonable) and are therefore not guilty. 

You can read more information about pleading not guilty here.

Pleading guilty

If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition.

Our experienced solicitors can negotiate with prosecutors to have you plead guilty to less serious facts, or even to a less serious charge. 

• Less than a marketable quantity:  10 years’ imprisonment and/or $220,000 fine  
• Marketable quantity: 25 years’ imprisonment and/or $550,000 fine
• Commercial quantity:  Life imprisonment and/or $825,000 fine 

You can read about all the sentencing options that a court has, including not having a conviction recorded here. 

You can read more about pleading guilty here.

What is a conspiracy to import drugs? 

The conspiracy and joint provisions can be used by the police where there is evidence of an agreement to import a border-controlled drug into the country, and that agreement involves a number of individuals who entered into it and intended that an importation would be committed pursuant to it.

If the police rely on the conspiracy provisions, it is not necessary to prove an actual importation. 

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat an importation or precursors of a prohibited drug charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.