Going to Court? Book Your Free First Appointment

Possessing an Unlawfully Imported Border Controlled Drug or Plant

Possessing an Unlawfully Imported Border Controlled Drug or Plant is an offence under Section 307.7 of the Criminal Code Act 1995 which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You possessed a substance
  2. The substance was unlawfully imported
  3. The substance was a border controlled drug or plant, and
  4. You knew, or were reckless as to whether, the substance was a border controlled drug or plant

You were ‘reckless’ if you were aware it was likely that the substance was a border controlled drug or plant but went ahead with your actions regardless.

You are not guilty of the offence if you are able to establish, ‘on the balance of probabilities’, that you did not know the substance was unlawfully imported border controlled drugs include:

  • MDMA (or ‘ecstasy’), amphetamines, heroin and cocaine
  • Cannabis is a border controlled plant

A defence to the charge is ‘duress’, which means:

  1. Your actions were due to a threat of death or serious injury to you and/or a member of your family
  2. There was no reasonable way to render the threat ineffective, and
  3. Your conduct was a reasonable response to the threat

What Our Clients Say SEE ALL

  • ★★★★★

    Helped me a lot

    Patrick is a good lawyer who help me a lot and we get the best…

  • ★★★★★

    His professionalism, experience and expertise helped me

    Kent Park recently represented me in a legal matter. His professionalism, experience and expertise helped…

  • ★★★★★

    I am extremely appreciative and very thankful

    Tuan Phan at Sydney Criminal Lawyers, is defiantly recommended!!! Thank so much for putting the…

  • ★★★★★

    Knew exactly what needed to be done

    Fahim Khan was outstanding in helping me with a recent case. From the first phone…

Going to Court? Call For Your Free First Appointment