The Law and Penalties for Drug Importation in Australia

The self-professed ‘Queen of Richmond’ has been sentenced to 18 years’ imprisonment for her role in running a highly-organised international drug syndicate, which used flight attendants to import heroin into Australia.

Michelle Tran was a nail technician by day, and a drug lord outside of business hours. Now, she will spend a minimum term of 13 years behind bars.

During the sentencing hearing, Judge Michael Cahill remarked that Ms Tran inflicted “great harm to the community” when she caused millions of dollars of high-grade heroin to hit Australia’s streets.

Ms Tran pleaded guilty to one count of importing heroin and one count of trafficking heroin, relating to a three month period between October and December 2018.

Sophisticated operation using airline cabin crew

During that time, Ms Tran organised for $2.4 million of heroin to come into Australia, (worth perhaps four times that much on the streets) from Malaysia through a contact known as ‘Mr Hanoi’.

The syndicate also trafficked seven kilograms of ice and 500 grams of cocaine during that time.

The drugs were smuggled into the country using cabin crew for airline Malindo Air who split one kilo of heroin into three packages they could hide inside their bras and underwear.

The court heard that Ms Tran personally profited $20,000 per kilogram of heroin imported, and that while she made all the arrangements she distanced herself from the actual transactions involving the buying and selling of the drugs.

The court also heard that Ms Tran bragged about her ability to source the ‘purest’ heroin available in Australia and while she took an enormous sense of pride in the operation, she initially took over running the cartel from her estranged husband because she had a gambling addiction and as a result owed ‘substantial’ debts to loan sharks.

Several others also imprisoned

One of the flight attendants who smuggled the heroin one kilo at a time into Australia will spend a minimum of four years and nine months in prison.

The court heard that Zailee Zainal was recruited by the drug syndicate when it learned she was desperate to pay for her daughter’s mounting medical bills.

After drawing down on her mortgage, Zainal had taken to selling brownies and Tupperware to make ends meet. She earned just $6,500 from her role, and will likely be deported after she completes her sentence.

The businessman who picked up the heroin in Australia and exchanged it with buyers before taking the money back to Malaysia will spend a minimum of three years behind bars.

And Ms Tran’s right-hand woman, who Tran called her “soldier”, will spend a minimum of seven years in prison.

The offence of drug importation in Australia

Drug importation is an offence under sections 307.1 (commercial quantity), 307.2 (marketable quantity) and 307.3 (any quantity) of the Criminal Code Act 1995.

To be found guilty of the offence, the prosecution must prove beyond a reasonable doubt that:

• You imported a border controlled substance, and
• You knew the substance was a border controlled substance, or were reckless as to whether or not it was a border controlled substance.

The term ‘import’ includes to bring the substance into Australia, as well as to deal with the substance in connection with its importation.

The term ‘reckless’ means you foresaw there was a substantial risk the substance was a border controlled plant but went ahead with your actions regardless.

If the prosecution wishes to charge you with importing a marketable or commercial quantity of drugs, it will need to prove the existence of that quantity.

The relevant quantity for the purpose of drug importation offences is the pure quantity of the drugs.

So, for example, if the charges related to 1 kilogram of cocaine at a purity of 45%, the relevant weight for the purpose of the charge is 450 grams.

This is different to state offences such as drug supply, where the entire weight of the substance – known as the ‘admixture’ – is relevant.

Offence	Quantity
Importing a commercial quantity of drugs (Section 307.1)	·       Ecstasy: 500 grams ·       Amphetamines: 750 grams ·       Heroin: 1.5 kilograms ·       Cocaine: 2 kilograms ·       Cannabis: 100 kilograms
Importing a marketable quantity of drugs (Section 307.2)	·       Ecstasy: 0.5 grams ·       Amphetamines, heroin and cocaine: 2 grams ·       Cannabis: 25 kilograms
Importing any quantity of drugs (Section 307.3)	The prosecution does not need to prove a particular quantity; it will be enough to import any quantity of drugs.

The maximum penalties that apply to drug importation charges, as well as the penalties actually imposed, are reflected in the following table:

Offence	Quantity	Maximum Penalty	Median penalty
Importing a commercial quantity of drugs (Section 307.1)	·       Ecstasy: 500 grams ·       Amphetamines:750 grams ·       Heroin: 1.5 kilograms ·       Cocaine: 2 kilograms ·       Cannabis: 100 kilograms	Life imprisonment	Imprisonment (92%), with full term of 8 years and non-parole period of 6 years.
Importing a marketable quantity of drugs (Section 307.2)	·       Ecstasy: 0.5 grams ·       Amphetamines, heroin and cocaine: 2 grams ·       Cannabis: 25 kilograms	25 years imprisonment	Imprisonment (99%), with full term of 6 years and non-parole period of 4 years.
Importing any quantity of drugs (Section 307.3)	The prosecution does not need to prove a particular quantity; it will be enough to import any quantity of drugs.	10 years imprisonment	Imprisonment (62%), with full term of 18 months and non-parole period of 12 months.

Charged with drug importation?

If you or a loved-one is charged with drug importation, call Sydney Drug Lawyers today on (02) 9261 8883 for advice and representation from a specialist criminal defence team that is vastly experienced in defending serious drug cases.

Have a look through our recent criminal law cases for examples of commercial drug importation cases we have won, as well as the difficult circumstances in which we have achieved bail for clients in high-profile, large commercial drug cases