Our specialist team consists of Australia’s exclusive and best known barristers and drug defence lawyers who have worked together for years proving innocence for people accused of importing and possessing border controlled drugs.

The Federal Police usually charge you for possession of unlawfully imported border controlled drugs when they are unable to prove you imported it. Both carry severe punishments and seeking advice as early as possible from an experienced specialist drug lawyer is critical.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Drug Defence Lawyer.

Your Options in Court

You will be guilty of possession of unlawfully imported border controlled drugs if police can prove beyond reasonable doubt, each of the following:

  • You had possession of a drug, and
  • The drug was unlawfully imported, and
  • You were aware it was a border controlled drug, or you were aware of a substantial risk that it was, and
  • The weight of the drug falls either into commercial, marketable or any other weight

You will be found not guilty if police are unable to prove any one of the above elements of the offence.

Defences to this charge

You will be not guilty if any of the following apply to you:

  • Where you are charged with commercial or marketable quantity of the drug, and the drug certificate reveals that the pure weight of the drug is less than the marketable or commercial quantity of the drug. The initial weight of the drug by police is usually not the pure weight. This is only revealed later, after the drug certificate comes back
  • You did not have possession of the drug at time of arrest, and you did not ‘attempt’ to possess it
  • You didn’t know the drug was unlawfully imported
  • You were forced or threatened to posses the drug
  • You did not believe there to be a substantial risk that it was a border controlled drug or plant

The punishments can be severe, affecting your life and loved ones. Our experienced drug defence lawyers are specialists, who have fought and won countless drug charges over the years. They will focus on getting your charges dropped early while maximising your chances of getting the best possible result.

Speak to a specialist drug defence lawyer before pleading guilty. Should you decide to plead guilty, the following are things you need to know and do to place yourself in the best position possible when preparing your case.

25% discount on punishment

The earlier you enter the plea of guilty, the more discount on the punishment the Judge gives you, and up to 25%. This is why it is essential to receive quick, accurate, reliable and experienced advice from a specialist drug lawyer. The result of this will off course mean a better outcome.

Negotiate to drop charges

Yes, your charges can be negotiated to either have them dropped or even downgraded to a less serious one resulting in a much, much better outcome to your case. Our specialist team of drug defence lawyers specialise in getting charges dropped and downgraded. They have been doing this for a long time, and have a proven track record of getting it done at an earlier stage for their clients charged with drug offences.

Our team will carefully analyse your brief of evidence relied on by police. They will point out all the holes and issues in the police evidence before tactfully approaching the police officer and DPP in convincing them to drop or downgrade the charges. A skill they have perfected over many years.

Negotiate facts

Your punishment will be based on the police facts expressed on a paper handed to the Judge to read before his/her Honour decides on the appropriate punishment. The more favourable the facts are to your case, the better your outcome will be.

Our specialist team of drug lawyers will work very hard, around the clock if they need to, to negotiate and change the facts around to express also your version of what happened, putting you in a better light. They have done this for countless of their clients with outstanding results.

Psychologist report

A psychologist report can significantly improve your chances at getting a much better outcome for the following reasons:

  • It is a great way to express your insight and remorse for your conduct which is a significant factor looked at in considering a lenient punishment.
  • A psychologist or psychiatrist is an expert in the field who is capable of diagnosing you with a mental condition recognised by the law which allows the Judge to give you a much more lenient punishment. It can often result in the difference between being sent to prison, and not.
  • It is a great way to express your version of why you did what you did, giving an explanation, not a justification which allows the Judge to reduce the punishment. This could mean your motivation for committing the offence.

Our specialist drug lawyers have hand-picked the best psychologist and psychiatrists in Australia who are respected and trusted by all Courts in Australia, also leaders in their fields.

Good character references

As the Judge does not know who you are, a well drafted and structured character reference from people who do know you will give the Judge insight that you are a respectable, good person, and explain that this offence is out of character resulting in a much better outcome.

Our specialist drug lawyers have guided and used thousands of character references, and will guide you every step of the way from who are the best people to get references from, what things to comment on, and not comment on, and the structure. Each one will be carefully review with feedback to ensure perfection before handing them to the Judge.

Maximum penalty

The maximum punishment is not normally given by the Judges. It is used as a guide, and reserved for only the most serious cases for offenders with a large criminal record.

If charged with possession of commercial quantity/weight for this charge, the maximum punishment is life imprisonment or/and fine of $825,000. The following table shows the commercial quantity weight for each drug.

If charged with possession of marketable quantity/weight of border controlled drugs, the maximum punishment is 25 years imprisonment or/and fine of $550,000. The following table shows the marketable quantity weight for each drug.

The following table explains the weight that amounts to marketable and commercial quantity for the different border controlled drugs.

Drug Weights and Categories

Drug Marketable Quantity Commercial Quantity
Amphetamine 2 g or more 750 g or more
MDMA/Ecstacy 0.5  g or more 500 g or more
Cocaine 2 g or more 2 kg or more
GHB 2 g or more 1 kg or more
LSD 0.002 g or more 20 g or more
Methamphetamine 2 kg or more 750 g or more
Cannabis 25 kg or more 100 g or more
Heroin 2 g or more 1.5 g or more

If your charged with possession of a weight that doesn’t fall into the commercial or marketable category, the maximum punishment is imprisonment of up to 2 years or/and fine of $44,000.

Types of penalties

There are many different types of punishment apart from prison. The above factors helps the Judge figure out which one you should get. The following are the different types of punishment:

Speak to a specialist drug defence lawyer today and receive experienced advice and the right guidance to maximising your chances at getting the best possible outcome. They will prepare, and present your case to put you in the best position possible leaving no stone unturned ensuring you get the best possible result.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Drug Defence Lawyer.

Good Character Reference Guide for Court

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