A 26 year old French-Canadian national was arrested and charged on Saturday night in Melbourne after police seized a massive 154 kilograms of methamphetamine with an approximate street value of $16 million.
THE STORY
The Australian has reported that due to a joint operation by the Australian Federal Police, Australian Border Force, the Australian Crime Intelligence Commission and Victoria Police they have successfully intercepted cargo, believed to have originated in Mexico, containing a whopping 154 kilograms of methamphetamine.
A 26 year old man was arrested and subsequently charged with importing a commercial quantity of border controlled drug, attempted possession of a commercial quantity of a border controlled drug and attempted trafficking of a controlled drug. He is currently remanded in custody and is due to appear at Court on Tuesday 25 February 2020.
For the full story, please click here.
THE LAW
These types of offences are deemed to be the most series criminal offences in Australia attracting the heaviest penalties that can be imposed by Australian Courts.
There are three main offences with regard to importing ‘border controlled drugs’ into Australia. Each category is identified by the quantity of the ‘border controlled drug’.
Schedule 4 of the Criminal Code Regulations (Cth) 2002 provides the list of drugs that are illegal in Australia. They can either be illicit drugs or alternatively drugs that cannot be obtained in Australia without a prescription.
The three main importing offences are:
Section 307.1 of the Criminal Code (Cth) 1995 – Importing a commercial quantity of border controlled drugs or border controlled plants;
Section 307.2 of the Code – Importing a marketable quantity of border controlled drugs or border controlled plants; and
Section 307.3 of the Code – importing border controlled drugs or border controlled plants.
PENALTIES
| Offence | Maximum Penalty |
| Section 307.1
Importing a commercial quantity of border controlled drugs or border controlled plants |
Imprisonment for life and/or 7,500 penalty units. |
| Section 307.2
Importing a marketable quantity of border controlled drugs or border controlled plants |
Imprisonment for 25 years and/or 5,000 penalty units. |
| Section 307.3
Importing border controlled drugs or border controlled plants.
|
Imprisonment for 10 years and/or 2,00 penalty units |
The penalties differ due to the quantity of the border controlled drug or plant that the person as been accused with. Section 307.3 is often utilised when the weight of the border controlled drug or plan can not be ascertained.
Furthermore, the classification of the weight of the drug is dependant on the purity of the drug.
Take for example, a person attempted to bring 1 kilogram of methamphetamine into Australia, but it had only 10% purity, for the purposes of the charge against that person, they would be charged with importing 100 grams of methamphetamine.
NATIONAL CRIMINAL LAWYERS
Here are National Criminal Lawyers® our drug law specialists have dealt with cases like this in the past and present. Our experienced lawyers are able to sift through the evidence, assist you with building a solid defence or get your case withdrawn.
No case is ever too big or too small, our expertise in this area makes us the best Sydney criminal lawyers. Our results speak for themselves.
For further information specific to importation of border controlled drugs and plants please click here.
For further information on a wide range of drug related matters please click here.
CONTACT US
If you, or a loved one, has been charged with this offence or similar, or think you are going to be charged, then you need expert advice early on. Call Michael and his team of expert drug defence lawyers at National Criminal Lawyers® on 02 9893 1889 | 0415 179 794