Criminal Lawyers for Drug Importation/Exportation – Division 307 Commonwealth Criminal Code


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When you’ve been charged with a criminal offence like drug importation, it’s only natural to feel worried and stressed about what might to happen to yourself and your loved ones.

But you can trust the experienced defence team at Sydney Criminal Lawyers to give you the very strongest defence to serious drug charges.

In fact, we have defended and won some of Australia’s ,argest ever drug importation cases, including a complex trial involving the importation of $600 million of heroin – where all 3 of our clients were found ‘not guilty’ after a hard-fought trial.

So you can rest assured that you’re in the hands of Australia’s best drug defence team.

Your Options

Pleading Not Guilty

To be found guilty of drug importation, the prosecution must prove beyond a reasonable doubt that you:

  • Intentionally imported a substance
  • That was a border controlled substance (any illegal drug)

Further, depending on the type of offence that you have been charged with, the prosecution may also need to prove the quantity of drugs that you imported.

The quantity that the prosecution has to prove relates to the pure quantity of the drugs.

Offence Quantity
Importing a commercial quantity of drugs (Div 307.1)
  • Ecstasy: 500 grams
  • Amphetamines: 750 grams
  • Heroin: 1.5 kilograms
  • Cocaine: 2 kilograms
  • Cannabis: 125 kilograms
Importing a marketable quantity of drugs (Div 307.2)
  • Ecstasy: 100 grams
  • Amphetamines, heroin and cocaine:250 grams
  • Cannabis: 25 kilograms

 

Importing any quantity of drugs (s 307.3) The prosecution does not need to prove a particular quantity; it will be enough to import any quantity of drugs.

If you feel that any of the above criteria cannot be proved by the prosecution, you may wish to enter a plea of ‘not guilty.’

Our senior criminal lawyers are renowned drug law experts and can help you fight the charges by presenting your side of the story in court, together with any evidence that supports your case.

We guarantee that you will be represented by one of our Accredited Criminal Law Specialists – highly experienced lawyers with a proven track record of fighting and winning serious drug importation cases.

Our drug law experts can also identity any defences that you may wish to raise in court, for example:

  • Where you were threatened or coerced into importing the drugs (duress).
  • Where you suffered from a mental illness at the time of the offence.
  • Where the pure quantity of drugs is less than the quantity alleged by the prosecution.

Pleading Guilty

If you’re willing to accept the charges against you, you may wish to enter a plea of ‘guilty’ from the outset.

By pleading guilty at an early stage in the proceedings, you may end up with a lesser penalty. This is because the court will consider the fact that you have accepted responsibility for your actions in pleading guilty.

You will also be spared the time and expense of a lengthy criminal trial to determine your guilt, as you will proceed straight to sentencing after pleading guilty.

However, before pleading guilty, you should speak to one of our experienced drug lawyers, who will be able to advise whether there is any way for you to fight the charges.

If you are considering pleading guilty, you may be wondering what types of penalties you may end up with.

The types of penalties depend on the type and amount of drug involved:

Offence Quantity Maximum Penalty Median penalty
Importing a commercial quantity of drugs (Div 307.1)
  • Ecstasy: 500 grams
  • Amphetamines:750 grams
  • Heroin: 1.5 kilograms
  • Cocaine: 2 kilograms
  • Cannabis: 125 kilograms
Life imprisonment and/or $825,000 fine. Imprisonment (92%), with full term of 8 years and non-parole period of 6 years.
Importing a marketable quantity of drugs (Div 307.2)
  • Ecstasy: 100 grams
  • Amphetamines, heroin and cocaine: 250 grams
  • Cannabis: 25 kilograms

 

  • Less than marketable quantity: 10 years imprisonment and/or $220,000 fine.
  • Marketable quantity: 25 years imprisonment and/or $550,000 fine.
Imprisonment (99%), with full term of 6 years and non-parole period of 4 years.
Importing any quantity of drugs (s 307.3) The prosecution does not need to prove a particular quantity; it will be enough to import any quantity of drugs. 10 years imprisonment and/or $220,000 fine. Imprisonment (62%), with full term of 18 months and non-parole period of 12 months.

Ultimately, the actual penalty that you will receive will depend on the facts and circumstances of your case.

Because of this, it is extremely important to ensure that you get a specialist drug lawyer on your side who can present your case effectively in court.

Unlike general lawyers, the lawyers at Sydney Criminal Lawyers specialise in drug law and possess an extensive knowledge of the law in relation to drug charges, which will give you an advantage in your drug case.

We have a long history dealing with all types of drug matters and we have a reputation for fighting and winning complex drug cases.

In fact, we successfully defended and won Australia’s biggest ever drug importation case, involving the importation of $600m of heroin.

Thanks to the hard work of our expert lawyers, all three of our clients were found ‘not guilty’ even though the prosecution had a strong case.

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