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Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You imported or exported a substance; and
  2. The substance was a border controlled drug or border controlled plant

If it is alleged that the weight of the border controlled drug or border controlled plant is a marketable or commercial quantity then the weight of the border controlled drug or border controlled plant is an additional element the prosecution must prove beyond reasonable doubt.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if you can establish that you had a reasonable and honest belief that the substance imported or exported was not a border controlled drug or border controlled plant.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

The maximum penalty for Importing or exporting a border controlled drug or border controlled plant varies depending on the weight of the border controlled drug or border controlled plant. The maximum penalties range from a fine of $220,000.00 and/or 10 years imprisonment for an import, to a fine of $550,000.00 and/or 25 years imprisonment for importing a marketable quantity, and a fine of $825,000.00 and/or life imprisonment for importing a commercial quantity.

Importing or exporting a border controlled drug or border controlled plant is considered an extremely serious offence. If you are charged with this offence, we advise that you contact one of our solicitors immediately.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with Importing 1.4 tonnes of Ephedrine in July 2017.

Our Principal Adam Ly, and Senior Counsel attended Central Local Court shortly following our client’s arrest.

The Bail application appeared before Magistrate Mabbutt.

We argued that whilst the charges were extremely serious in nature, the Prosecution’s concerns that our client would flee the jurisdiction and presented a flight risk, could be mitigated by strict bail conditions.

I client’s was required to deposit a large amount of surety (the family home) and abide by strict reporting and bail conditions.

He continues to be free to fight his case, which is expected to finalise in 2020.

Our client was charged for his role in importing a commercial quantity of a prohibited drug, being 585kg of Methamphetamine. He was also charged with the supply of 47g of methamphetamine, as a separate charge.

This was the largest ever recorded importation of methamphetamine in Australia’s history.

The offence carries a maximum term of imprisonment of life.

Our client was 21 years old at the time of the offence, and was recruited by others to participate in the movement of the drugs from the warehouse, upon them arriving in Australia. He was clearly a person who had a minor role in the offence and had little control over the enterprise and its operations. He was recruited to undertake certain tasks, to enable those above him to keep a distance from detection.

Adam from our office fought hard to establish a strong case for leniency for our client, and was successful in establishing many mitigating circumstances that would lessen the overall jail term.

The case appeared before Sweeney J, in Sydney District Court in June 2014.

Our client was sentenced to a non-parole period of 4 years imprisonment.

An extraordinary result for an extremely serious charge.

Our client, a 19 year old student, was charged for his part in the importation of 300kg of cocaine. This was the largest ever importation of any drug in Victoria’s history. The matter appeared before the Supreme Court of Victoria for sentence, upon application from the Victorian DPP that it be dealt with by the Supreme Court of Victoria, rather than the lower County Court of Victoria.

Our client’s role was very minor, clearly being recruited by more influential ‘big’ players, for his role in the transportation of the cocaine.

Our client was ultimately sentenced to a term of full time imprisonment with a non-parole period of 6.5 years.

Our client pleaded guilty importing a marketable quantity (300grams) of border controlled drug. The matter appeared before the Northern Territory Supreme Court, where our client pleaded ‘guilty’.

She received a total sentence of 4.5 years, with a non-parole period of 2.5 years. This sentence was considered one of the lightest sentences for this type of offence.

Contact us for your Free initial consultation. Available at our Sydney CBD, Parramatta, Liverpool, Wollongong or Newcastle office.

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Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.
5.0
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