Importing and Exporting Border Controlled Precursors

By Doogue + George Criminal Defence Lawyers


“Importing and Exporting Border Controlled Precursors” in Melbourne – What’s the Maximum Penalty and How Serious is it?

“Importing and Exporting Border Controlled Precursors” has a maximum penalty of imprisonment for 7 years or a fine of 1,400 penalty units. This does not however mean that a defendant will automatically receive any of these penalties if found guilty. It is up to the Court to decide whether to impose the maximum.  “Importing and Exporting Border Controlled Precursors” is a very serious offence. Jurisdiction over relevant cases will generally be heard in the County Court.

 

The legislation on “Importing and Exporting Border Controlled Precursors”

Section 307.13 of the Criminal Code Act 1995 is the relevant law for “Importing and Exporting Border Controlled Precursors” and is as follows:

                          

Importing and Exporting Border Controlled Precursors

 

(1)  A person commits an offence if:

 

(a)  the person imports or exports a substance; and

 

(b)  either or both of the following apply:

 

(i)  the person intends to use any of the substance to manufacture a controlled drug;

(ii)  the person believes that another person intends to use any of the substance to manufacture a controlled drug; and

 

(c)  the substance is a border controlled precursor.

 

Penalty:  Imprisonment for 7 years or 1,400 penalty units, or both.

 

(2)  The fault element for paragraph (1)(c) is recklessness.

 

(3)  Subsection (1) does not apply if:

 

(a)  in relation to conduct covered by subparagraph (1)(b)(i)--the person proves that he or she neither intended, nor believed that another person intended, to sell any of the controlled drug so manufactured; or

 

(b)  in relation to conduct covered by subparagraph (1)(b)(ii)--the person proves that, although he or she believed that the other person intended to use the substance to manufacture a controlled drug, he or she did not intend to sell any of the substance to the other person.

 

Note: A defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4).

 

Pleading guilty or not guilty to “Importing and Exporting Border Controlled Precursors” in a Melbourne Court

Deciding on whether to plead guilty to “Importing and Exporting Border Controlled Precursors” or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.

 

Elements of the charge of “Importing and Exporting Border Controlled Precursors” in a Melbourne Court

The Prosecution must show that the defendant imported or exported a substance that is a border controlled precursor. There must have been an intention to use the substance to manufacture a controlled drug; or the defendant must have believed that another person intends to use any of the substance to manufacture a controlled drug.

 

Defending the charge of “Importing and Exporting Border Controlled Precursors” in a Melbourne Court

Defences that are often run in relation to this charge are factual dispute, wrong identification, absence of criminal intent, and impossibility. Your lawyer may use other defences depending on the circumstances of the offending.

 

For more information on “Importing and Exporting Border Controlled Precursors”, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien Melbourne can provide you more details about this

Our Head Office is at 5/221 Queen Street, Melbourne         

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

www.criminal-lawyers.com.au/Melbourne-criminal-lawyers

 

This article was written on Oct. 22, 2012 and relates to the law that it stands at this time.

 



Findlaw

We welcome your feedback

Hi there! We want to make this site as good as it can for you, the user. Please tell us what you would like to do differently and we will do our best to accommodate!

   
Protected by FormShield


 
 
 
We've updated our Privacy Statement, before you continue. please read our new Privacy Statement and familiarise yourself with the terms.
Feedback