Drug Trafficking Charges

Drug trafficking, or the import and export of Controlled Substances, is an offence under Part 9.1 of the Commonwealth Criminal Code.

Controlled Substances

There are two separate sets of controlled substances. These include those substances that are prohibited domestically, known as controlled drugs, plants and precursors. This list differs from those subjects that are prohibited for import and export, known as border controlled drugs, plants and precursors. However some of the most common substances are shared between the categories, such as:

  • Cannabis
  • Cocaine
  • Heroin
  • Methadone
  • Morphine
  • Opium
  • Lysergic Acid (LSD)
  • Amphetamines (including Speed and Ice)
  • MDMA (Ecstacy)
  • Steroids

Penalty

The maximum penalty related to the import and export of border controlled substances depends on the quantity of the substance, ranging from 2 years imprisonment or a fine of $44,000, to life imprisonment or $825,000.

Defences

Defences include necessity and duress. Also, if it can be proved that a child exposed did not suffer any harm to their health, the more serious charge may not stand.

A section 35A defence may also be available here; if it can be shown that the substance could not have been readily extracted from another substance.

Going to Court

As this offence is serious in nature (an indictable offence), it is likely to be heard in a District or Supreme Court. However this will be dependent on the quantity of drug, as small quantities may be able to be dealt with summarily (in the local court).

Drug Trafficking Charges

There are various other drug trafficking related offences, including:

  • Importing and Exporting Border Controlled Drugs or Border Controlled Plants
  • Possessing Unlawfully Imported Border Controlled Drugs or Border Controlled Plants
  • Possessing Border Controlled Drugs or Border Controlled Plants Reasonably Suspected of Having Been Unlawfully Imported
  • Importing and Exporting Border Controlled Precursors

What Can North Shore Criminal Law Do For You?

At North Shore Criminal Law, we have the experience and knowledge that comes with defending hundreds of drug-related charges. The penalties that are associated with drug trafficking related offences can be very serious, including large terms of imprisonment. For this reason it is very important to seek legal advice and representation, to ensure that you present the best defence possible.

If you have been charged and are in custody, we can come to you. Call North Shore Criminal Law on (02) 9955 2298 or our 24 hour Emergency Service on 0400 44 64 24.