If you have been charged with Import or Export a Border Controlled Drug or Plant then you have allegedly arranged for a border-controlled drug or plant to enter Australia from another country or leave Australia by organising a destination country for the drug or plant to reach.

Division 307 of the Criminal Code covers the offence of importing commercial quantities of border-controlled drugs or plants.

In order to be found guilty of Import or Export a Border Controlled Drug or Plant the prosecution must prove beyond reasonable doubt that:

• You imported or exported a border-controlled drug, substance, or plant.
• The drug, substance, or plant was a border-controlled drug

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of import or export a border-controlled drug or plant, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.
It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The maximum penalty for importing or exporting a border-controlled drug or plant varies conditional on the weight of the border-controlled drug or border controlled plant. The maximum penalties range from a fine of $220,000.00 and/or 10 years imprisonment for an import, to a fine of $550,000.00 and/or 25 years imprisonment for importing a marketable quantity, and a fine of $825,000.00 and/or life imprisonment for importing a commercial quantity.

Pleading Not Guilty

If you disagree with the charge, import or export a border-controlled drug or plant then it is best you enter a plea of not guilty. Defences that can be used in Import or export a border-controlled drug or plant:

• Duress- Serious threats were made to you to import or export the border-controlled drug or plant.
• You had mental impairment at the time of the offence.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you imported or exported a border-controlled drug, substance, or plant. If the prosecution fails to prove this then you will be found not guilty.