I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Importing or Exporting a Border Controlled Drug or Plant
In Australia, it is an offence to import or export border controlled plants and drugs. This offence carries a maximum penalty of 7,500 penalty units and/or life imprisonment.
The Criminal Code Regulation 2002 (Cth), Schedule 4 sets out the commercial and marketable quantities for each border controlled drug. The Regulation also sets out the commercial and marketable quantity for each border controlled plant.
The quantity of border controlled plant or drug imported or exported will affect the seriousness of the charge and the penalty imposed. When a marketable or commercial quantity of a drug or plant is imported or exported, the offence is aggravated.
Regulation 307.2 provides for an aggravated offence of importing or exporting a marketable quantity of a drug or plant. An offence under this section carries a maximum penalty of 5,000 penalty units and/or 25 years imprisonment.
Regulation 307.1 provides for the aggravated offence of importing or exporting a commercial quantity of a drug or plant. An offence under this section carries a maximum penalty of 7,500 penalty units and/or life imprisonment.
What is importing or exporting a border controlled plant or drug?
There is no formal definition of importation in the Criminal Code Act. However, from a common-sense perspective, importation could easily be read to include any action that leads to the border controlled drug/plant being introduced into Australia from outside.
Similarly, exporting could include any action by any individual that facilitates that drug/plant being transported from within Australia outside Australian borders.
According to the Australian Customs Service, the most common means of importation include post, air passengers and air cargo.
Examples of importation or exportation include:
- Taking a drug or plant on a plane with you, either on your person or in your luggage; when coming into Australia from overseas, or when leaving Australia.
- Purchasing a drug or plant online and having it mailed to an Australian address.
- Packing a quantity of the drug or plant in preparation for it to be conveyed overseas by someone else or via post.
What must be proven?
To find person guilty of importing or exporting a border controlled plant or drug, the prosecution must prove beyond a reasonable doubt that they:
- Imported or exported a substance; and
- That substance was a border controlled plant or drug;
To convict a person of importing or exporting a marketable or commercial quantity of a border controlled plant or drug, the Prosecution must also prove beyond reasonable doubt that the quantity of drug was above the marketable or commercial quantity.
The legislation provides a defence to the offences under Regulation 307.2 and 307.3 where the accused did not intend or believe that another person intended to sell the drug or plant.
It is important to note that if a person wishes to rely on this defence, the burden is on them to establish that they did not intend or believe another person intended to sell the drugs/s or plant/s in question.
This defence is not available for an offence under section 307.1, being importing or exporting commercial quantities of border controlled drugs or plants.
Which court will hear the matter?
Under Commonwealth law, all of the above offences are strictly indictable offences. That means that they must be finalised in the District or Supreme Courts.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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