Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You imported or exported a substance; and
- 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.
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: