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    Possess Border Controlled Drug

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      Best Possess Border Controlled Drug Lawyers

      Possessing border controlled drugs is a charge that our senior drug lawyers have extensive experience in dealing with.

      You can view our recent results for possess border controlled drug charges here.

      We work around the clock to ensure that no stone is left unturned. Our Law Society accredited specialist in criminal law can provide immediate advice on any defences available to you.

      Our team have dealt with numerous serious drug offences. It is important that you receive advice from an experienced drug lawyer. Contact us now so we can begin preparing your case.



        What is Possess Border Controlled Drug?

        Under the Criminal Code 1995 (Cth), if you have custody and control of a border-controlled drug, you can be guilty of an offence.


        How do you beat a Possess border controlled drug charge?

        You can fight a possess border controlled drug charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

        1. You had possession (ie. physical control or custody) of the alleged drug; and
        2. It was a border controlled drug;
        3. You knew it was a border controlled drug, OR you knew there was a substantial risk that it was a border controlled drug

        If any of these elements are not made out, then you can be found ‘not guilty’.

        Secondly, you can rely on one of the defences.


        What is a ‘border-controlled drug’?

        The definition of a “border controlled drug” refers to a substance, other than a growing plant, that is covered by the offences relating to drug importation and exportation in the Criminal Code 1995.

        You should consult one of our specialist drug importation lawyers to see whether the substance you have been charged with falls into this definition.


        What are the Defences to Possess Border Controlled Drug?

        You can be found ‘not guilty’ in the following circumstances:

        1. Exclusive possession:The prosecution cannot rebut beyond reasonable doubt that another person had custody and control of the border controlled substance. A common example of this is if a number of people could have had access to the drug in a car, house or other shared space (Filipetti (1984) 13 A Crim R 335).
        2. Illegal search:If the Australian Federal Police or Border Force find the border-controlled drug in your possession following an illegal search, the evidence obtained from the search and as consequence of the search will be inadmissible. This will include if a search warrant is relied on and we can establish that the search warrant was defective.
        3. You did not believe there was a ‘substantial risk’ that the substance was a border controlled drug
        4. Duress: You were forced to possess the drug
        5. Necessity: Your actions were necessary in the circumstances

        Possess border-controlled drug cases are often complex and difficult to analyse. That is why it is crucial that you speak to an experienced drug lawyer who can assess the evidence against you and whether you have a defence open to you.

        Contact us now to speak to a specialist drug lawyer.


        If after receiving detailed advice from a specialist drug importation lawyer, you decide that the best course is for you to plead guilty, we can begin preparing your case to obtain the best possible outcome.

        You can refer to our guide for pleading guilty to drug offences for some general advice, however, you should consult a specialist drug lawyer for advice specific to your case.

        Contact us now to speak to our accredited specialist in criminal law.


        What is the penalty for Possess border controlled drug?

        The maximum penalty for Possess commercial quantity of border controlled drug is life imprisonment and/or $825,000 fine.

        The maximum penalty for Possess marketable quantity of border controlled drug is 25 years imprisonment and/or $550,000 fine.

        The maximum penalty for Possess less than marketable quantity of border controlled drug is 2 years and/or $44,000 fine.


        What are the Possible Sentences for Possess Border Controlled drug?

        Below is a list of possible sentences for possessing a border controlled drug:

        1. Section 19B non conviction
        2. Fine
        3. Section 20 Conditional Release (with conviction)
        4. Recognizance Release Order (suspended sentence)
        5. Intensive Corrections Order
        6. Full Time Imprisonment


        Will you go to Jail for Possess Border Controlled drug?

        If you are found guilty of possessing a commercial quantity of a border controlled drug, you are very likely to be sentenced to full-time jail. The statistics for possess border control drug charges from 2018 onwards confirm this as 100% of persons found guilty were sentenced to full-time imprisonment. The length of imprisonment ranges from 7 years to 12 years.

        If you are only found guilty of possessing a marketable quantity of a drug, your chances of avoiding jail increase. And if you are only found guilty of possessing less than the marketable quantity of a drug, your prospects of avoiding jail dramatically increase.

        Plainly, jail is very likely for this offence. As such, you should speak to one of Australia’s best criminal lawyers for border controlled drug charges.

      Ask a question now!