Importing Commercial Quantities of Border Controlled Drugs

Published Updated May 21, 2019 · Updated Updated September 14, 2022

Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants is found in section 307.1 of the Criminal Code Act 1995. It is a criminal offence that is committed by a person who imported or exported a commercial quantity of a controlled drug or a controlled plant.

Have you been accused of Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants?

Police Interview

Do not treat the police interview as a chance to tell your side of the story or shift blame to another person and hope for the matter to go away. There is very little to be gained from speaking to the Police about allegations they are making against you. The interview will be shown in Court and any admissions you make will be used against you. The purpose of the interview is to try to fill the gaps in the Police story. It is the Police’s job to prove any case against you. You are not obligated to assist them.

Contact us for advice if the Police wish to interview you. We can attend the interview to assist you if you require it.

Pleading Not Guilty

For serious charges such as these it is important to obtain the best possible legal representation. Our lawyers are experts and we have several accredited criminal law specialists who work at our firm. We can distinguish ourselves from other firms by offering experienced in-house trial counsel who can assist you with preparing your trial from the very first meeting. Our lawyers will ensure that the Prosecution prove their case against you.

Pleading Guilty

When entering a plea it is important to ensure you are entering a plea to the fairest possible set of charges. We can conference with the Police and advocate on your behalf for charges to be reduced or for fairer quantities to be alleged. The difference between initial charges filed and charges that are properly case conferenced could mean years off your sentence.

Sentencing

Sentencing in the higher courts of Victoria

Which court will the case be heard in?

This offence is heard in the County Court.

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

A woman exports 1,000 Cannabis plants.
A man imports 10kgs of Cocaine.

What is the legal definition of Importing and Exporting Commercial Quantities of Border Controlled Drugs or Border Controlled Plants?

A person imported or exported a commercial quantity of a border controlled drug or plant.

Legislation

The section that covers this offence is section 307.1 of the Criminal Code Act 1995.

Elements of the offence

The elements of this charge are:

The accused imported or exported a substance; and
The substance is a border controlled drug or border controlled plant; and
The quantity imported or exported is a commercial quantity.

Defences

You did not import or export the drug.
There was no way you knew you were importing a controlled drug.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

Can they prove you imported or exported the drug?
Did someone force you to carry a drug?
Did you know what you were carrying?

“Did you know you had drugs in your luggage?”

Questions a Judge will ask a jury

A Judge presiding over a trial for this offence may ask the jury to consider:

If the substance is a border-controlled drug or plant;
How much of the substance is a border-controlled drug or plant;
If the accused was aware or reckless as to the presence of the substance;
If the quantity is a commercial quantity;
If there were any intervening acts, for instance a swap of suitcases if the accused was travelling by plane.

Maximum penalty for section 307.1 of the Criminal Code Act 1995

The maximum penalty for Importing and Exporting Commercial Quantities Of Border Controlled Drugs Or Border Controlled Plants (s307.1 of the Criminal Code Act 1995) is imprisonment for life or a fine of 7,500 penalty units, or both.

Other important resources

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Importing and Exporting Commercial Quantities Of Border Controlled Drugs Or Border Controlled Plants