Exceptional Circumstances Bail Application for Drug Importation Matter

Case

Exceptional Circumstances Bail Application for Drug Importation Matter

Quick Facts

Our client was charged with Importing a Commercial Quantity of Border Controlled Drug (Methylamphetamine) – (Section 307.1 of the Commonwealth Criminal Code Act 1995)

This was an Exceptional Circumstances bail application (Section 4(2) of the Bail Act 1977); read more about different presumptions of bail here

Maximum Sentencing

Life imprisonment for Importing a Commercial Quantity of Border Controlled Drug

What our client received

Granted Bail and set free

Case Background

Our client is a 21 year old overseas student on a valid Student Visa. Whilst residing in Melbourne, our client was contacted by the co-Accused requiring assistance to receive some packages from overseas. The co-Accused was interstate. Our client was told that the packages contained construction materials and needed to be given to an associate of the co-Accused. Our client, who has never been involved with any criminal activities previously, agreed to assist.

Our client provided to the co-Accused his name and address for the delivery of the parcel and prior to the parcel arriving, made enquiries with the parcel delivery company. Unbeknownst to both our client and the co-Accused, the parcel was intercepted by Customs on suspicion of containing a Border Control Drug (Methylamphetamine).

The delay in the arrival of the packages prompted the co-Accused to warn our client to abandon the package. The co-Accused also wanted our client to get a new phone number and provide more addresses for the delivery of further packages. The co-Accused told our client that he would receive a large financial payment for the receipt of any future packages.

Our client became suspicious of the co-Accused and stopped engaging in communication with him.

6 months later, after holidaying overseas, our client was arrested at the airport by the Australian Federal Police in connection with importation of a Border Control Drug. Our client was immediately arrested and remanded as the quantity of drugs alleged was in excess of 2kgs.

Bail Application

A bail application was made within 10 days of our client’s arrest. Though the police case against our client was not weak, we were able to show that our client’s level of involvement in the importation process was much lower. Furthermore, we were able to show that there was a clear issue on whether our client continued to assist with the importation process once he became suspicious of the contents of the packages.

We were also able to contact a close relative of our client who was able to provide a substantial monetary surety (deposit to the court) as well as accommodation.

Finally, we argued that our client’s youth, lack of prior history and the associated delay in legal proceedings are all factors which goes to establishing the existence of exceptional circumstances for bail to be granted.

Despite very serious charges against our client and substantial evidence to back up the police’s charges, we were successful in obtaining bail for our client.

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Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquires relating to the above subject matter, please contact us for an obligation free, face to face consultation.

If you like to read about our past bail cases:

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