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Importing and Exporting Drugs or Precursors

Serious drug offences, particularly importations, are rarely committed by one person. In most cases they involve multiple players working at different levels and in different ways.

As a result, we often have to rely on extension of criminal liability provisions involving conspiracy, joint commission or accessorial liability in order to prosecute all those involved in an importation.

Prosecuting drug importation offences are a major part of our work and attract some of the highest penalties imposed by courts.

Key legislation

Main offences

  • s.307.1(1) Criminal Code—importing commercial quantities of border controlled drugs or plants
  • s.307.11(1) Criminal Code—importing commercial quantities of border controlled precursors.

Penalties

The maximum penalties for importing/exporting border controlled drug offences are:

  • Life imprisonment for s.307.1 Criminal Code—importing/exporting commercial quantity of border controlled drugs/plants
  • 25 years’ imprisonment for s.307.2 Criminal Code—importing/exporting marketable quantity of border controlled drugs/plants
  • 10 years’ imprisonment for s.307.3 Criminal Code—importing/exporting border controlled drugs.

The maximum penalties for importing/exporting border controlled precursors are:

  • 25 years’ for imprisonment s.307.11 Criminal Code—importing/exporting commercial quantity of border controlled precursors
  • 15 years’ imprisonment for s.307.12 Criminal Code—importing/exporting marketable quantity of border controlled precursors
  • 7 years’ imprisonment for s.307.13 Criminal Code – importing/exporting border controlled precursors.

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