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With the abundance of methamphetamine labs on private premises (also known as “meth labs”), there has been an increase in the number of importations of precursers to methamphetamine.

There has been a massive increase in the number of imported packages containing pseudoephedrine, ephedrine, Contact NT and other precursers to methamphetamine.

The maximum penalty for the charge of intentionally import prohibited tier 1 goods (precursers) (Section 233BAA4 Customs Act) is a fine of 1,000 penalty points or imprisonment for 5 years or both.

What the Prosecution must prove

To convict you of an intentionally import prohibited tier 1 goods charge, the police must prove each of the following matters beyond a reasonable doubt:

1. the person intentionally imported goods; and
2. goods were tier 1 goods and the person was reckless as to that fact; and
3. their importation:
  a. was prohibited under this Act absolutely; or
  b. was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the importation, that approval had not been obtained.

They will also need to prove that you were the person who committed the intentionally import prohibited tier 1 goods offence.

Remember, just because you received the package that contained the substance, and had possession of it, it does not necessarily mean that you will be found guilty beyond reasonable doubt. Your explanation for possession may be reasonable, and you may be found not guilty of the offence.

What type of penalty would you expect for this offence?

The court can impose any of the following penalties:

Whilst there is a wide variety of ways the court could deal with you in sentencing for these offences, the court will generally consider these offences as very serious.

The Commonwealth DPP will almost always elect to conduct these matters “on indictment”. This means that the charges will be heard in the District Court of NSW, heard by a judge or by a jury. The maximum penalty for this offence would therefore be 5 years imprisonment.

Unless there were exceptional circumstances, and your role in the offence was very minimal, you may be facing a term of full time imprisonment.

If you have been charged with one or more counts of Intentionally import prohibited tier 1 goods, you should contact LY Lawyers immediately.

Our client was charged with Importing 3.9 tonnes of pseudoephedrine.

Adam attended Central Local Court in October 2017 instruction Senior Counsel, when the matter was listed for Bail application before Magistrate Mabbutt. It was an extremely difficult bail application.

Providing the court with extensive evidence that the “bail concerns” held by the Commonwealth DPP could be mitigated, the court found that the surety provided by our client’s family (being a mortgage over the family house) and strict reporting conditions was sufficient for our client to be granted bail.

It is expected that our client would have had to wait at least 2 years before trial, and if bail was refused she would be spending that time in custody. Our client remains on bail to this date, awaiting her trial.

Our client was charged with importing 142kg of MDMA. A charge that carries possible life imprisonment. The “show cause” bail application was heard before Magistrate Freund in May 2018.

It was alleged that our client played a role in a criminal syndicate to import the drugs from the Netherlands. Our client strongly denied the allegations. He was in the wrong place at the wrong time.

Our Principal Adam Ly instructed Senior Counsel in applying for bail. It was clear that the prosecution case against our client was not a strong one. Our client had no criminal history and agreed to surrender his passport. A large surety was also offered by his parents.

Strict conditional bail was granted.

Our client will fight the charges at trial in the Sydney District Court, probably sometime in 2019.

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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