The maximum penalty for the charge of importing or exporting a border controlled drug or plant depends on the type and quantity and type of drug imported.

There are three different quantity ranges under the Criminal Code Act 1995. They are importing or exporting a border controlled drug, importing or exporting marketable quantities of a border controlled drug, and importing or exporting commercial quantities of a border controlled drug.

Jail sentences are imposed for all offenders charged with importing or exporting a marketable or commercial quantity of cocaine or heroin.

In NSW, a court can impose any of the following penalties for a Importing or exporting a border controlled drug or plant charge.

• Fine
• Good behaviour bond
• Community service order (CSO)
• Suspended sentence
• Intensive correction order (previously periodic detention)
• Home detention
• Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of importing or exporting a border controlled drug or plant, if heard in the District Court is likely to be:

• Heroin: Imprisonment for a period of 8 years.
• Amphetamines: Imprisonment for a period of 7 years.
• Cocaine: Imprisonment for a period of 7 years.
• Ecstasy: Imprisonment for a period of 6 years.
• GHB: Imprisonment for a period of 6 years.

The above penalties are based on a quantity that is commercial value. Penalties vary depending upon the quantity of the prohibited drug.

To convict you of a Importing or exporting a border controlled drug or plant charge, the police must prove each of the following matters beyond a reasonable doubt:

1. You import or export a substance; and
2. The substance is a border controlled drug or border controlled plant; and
3. The quantity imported or exported is a marketable/commercial quantity.

Possible defences to a Importing or exporting a border controlled drug or plant charge include but are not limited to:

• You did not import or export a substance.
• The substance was not a border controlled drug or border controlled plant.
• The quantity imported or exported was not a marketable/commercial quantity.
• You have a reasonable and honest belief the substance was not a border controlled drug or border controlled plant.

This matter is dealt with in the District Court.