Criminal lawyer for Importing border-controlled precursors
Drug importations are amongst the most serious criminal offences that can be prosecuted in Australia. Australian Criminal Law Group has the best criminal lawyers in Sydney for drug importation offences.
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.
How do I beat a charge of Importing border-controlled precursors?
You will be found not guilty of the offence of Importing border-controlled precursors if the police cannot prove beyond reasonable doubt:
- You import or export a substance; and
- Either or both of the following apply:
- You intend to use any of the substance to manufacture a controlled drug;
- You believe that another person intends to use any of the substance to manufacture a controlled drug.
- The substance is a border-controlled precursor; and
- The weight imported or exported.
Import includes to bring the substance into Australia and deal with the substance in connection with its importation. An import requires border-controlled drugs and precursors to arrive in Australia from abroad and to be delivered at a point which resulted 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).
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 an agreement and intended that an importation would be committed pursuant to that agreement. If the police rely on the conspiracy provisions, it is not necessary for there to be any evidence of an actual importation.
What are the defences to drug importation?
To have our clients found not guilty, we 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.
We also argue that the police cannot establish 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.
Why is weight of drug so important in importation cases?
The weight of the drugs in importation cases is vital, because it determines the offence that you’re charged with and the maximum penalty that you’re exposed to. It also determines the section of the act under which you will be charged.
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 for you to plead guilty to less serious facts, or even a less serious charge.
The maximum penalties for the offence of Importing border-controlled precursors depends on the weight and type of precursor. The maximum penalty for importing or exporting a commercial quantity of border-controlled drugs/plants is 25 years imprisonment. The maximum penalty for importing or exporting a marketable quantity of border-controlled drugs/plants is 15 years imprisonment. The maximum penalty for importing or exporting border-controlled drugs/plants of any other weight is seven years imprisonment. These penalties are typically reserved for the worst offenders. Importing offences are extremely serious and if you are charged with one of these offences you should contact our office immediately.
You can read about all the sentencing options that a court has, including about not having a conviction recorded here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for drug importation. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your charge of drug importation, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.