Possess border controlled drug – s 307.5, 307.6 and 307.7
Commonwealth Criminal Code
‘Possess border controlled drug’ is a charge that is often used instead of ‘drug importation’ when there is not enough evidence to prove that you imported the drugs.
Due to the seriousness of the charge, as well as the heavy penalties that it carries, it’s only natural to feel worried about what the future may hold if you’ve been charged with possession of a border controlled drug.
However, it’s not the end of the world, and with the help of the specialists at Sydney Drug Lawyers, you can give yourself an effective defence against the charges, leaving you free to get on with your life as soon as possible.
Pleading Not Guilty
If you feel that the prosecution will not be able to prove that you committed the offence, you should consider pleading ‘not guilty’ and fighting the matter in court.
You may also wish to raise a defence to explain your actions, for example:
- Where you were threatened or coerced into possessing the drugs
- Where you made a reasonable mistake of fact as to the drugs – for example, where you did not know that they were illegally imported, or where you thought that the drugs were some other legal substance.
However, if you have been charged with possessing a border controlled drug, it is vital that you speak to an experienced drug lawyer who will be able to explain the charges to you and advise you of your options when it comes to fighting the charges in court.
In some situations, you might simply wish to accept the charges against you. In these cases, you can simply enter a plea of ‘guilty’ at the start of the matter.
Pleading guilty early on can be beneficial as it will show the court that you have accepted responsibility for your actions. This can encourage the magistrate to give you a more lenient penalty – this is known as a ‘discount’ on your sentence.
The penalties that you could face depend on the type and amount of drug involved:
|307.5 of the Commonwealth Criminal Code
|Commercial quantity of a border controlled drug
|Up to life imprisonment and/or $825,000 fine.
|307.6 of the Commonwealth Criminal Code
|Marketable quantity of a border controlled drug
|Up to 25 years imprisonment and/or $550,000 fine.
|307.7 of the Commonwealth Criminal Code
|Possessing a border controlled drug (where the amount is less than the marketable quantity)
|The prosecution does not have to prove a specific quantity. It will be enough for you to be found with ANY quantity. This charge may be used where you have less than the marketable quantity of a drug, or where the exact amount of drugs cannot be proved.
|Up to 2 years imprisonment and/or $4,400 fine.
However, these are maximum penalties, meaning that they only apply in the most serious cases. Other penalties that the court can impose include:
- Section 10 dismissal
- Good behaviour bond
- Community service order
- Intensive correction order
- Home detention
- Suspended sentence
- Full-time imprisonment
Why Sydney Drug Lawyers?
Being charged with possession of a border controlled substance can put a hold on your plans for the future.
However, with Sydney’s best drug lawyers on your side, you can fight to have the charges dropped, leaving you free to get on with your life.
Our specialist drug lawyers can also advise you of any defences that can be raised to give you the best result in your possession case.
When your freedom is at stake, don’t waste time talking to inexperienced lawyers. Get the best drug lawyers in Sydney on your side today and start working towards a brighter future.