Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants

By Doogue + George Criminal Defence Lawyers


 The Maximum Penalty for “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants” in Melbourne – How Serious is It?

Courts may impose life imprisonment or a fine of 7,500 penalty units, or both, for the charge of “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants”. These are the maximum penalties for this offence which may be given to an offender who has demonstrated an extreme example of this charge. The Court evaluates the circumstances surrounding an offending to determine the appropriate degree of penalty that should be imposed. “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants” is a very serious offence which is evident in the maximum penalty that can be imposed on a finding of guilt – life imprisonment. This is also reflected in the type of Court that has jurisdiction over this charge: the County Court.

 

The legislation on “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants”

Section 307.1 of the Criminal Code Act 1995 is the legislation for “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants”:

                                        

Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants

                                                                           

(1)  A person commits an offence if:

 

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

(b)  the substance is a border controlled drug or border controlled plant; and

(c)  the quantity imported or exported is a commercial quantity.

 

Penalty:  Imprisonment for life or 7,500 penalty units, or both.

 

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

 

(3)  Absolute liability applies to paragraph (1)(c).

 

Pleading guilty or not guilty to “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants” in a Melbourne Court

 “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants” is a very serious charge that carries serious implications. Whether you should plead guilty or not is something that you must carefully discuss with a criminal defence solicitor. Find out the possible consequences and evaluate how your case can best be defended.

 

Elements of the charge of “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants” in a Melbourne Court

It must be shown to the Court that the defendant imported or exported a substance. This substance must be a border controlled drug or a border controlled plant imported or exported in a commercial quantity.

 

Defending the charge of “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants” in a Melbourne Court

Defences that are often run in relation to this charge are lack of intent and honest and reasonable mistake of belief. In some cases, the defendant did not really know that the substance was a border controlled drug or border controlled plant. Factual disputes and identification disputes may also serve as a foundation for defence against this charge. If any of the elements of the charge are not proven, then the defence of impossibility also applies.

 

For more information on “Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants”, 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. 23, 2012 and relates to the law that it stands at this time.



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