Defending a drug importation charge in NSW—prosecuted under Commonwealth law—is complex and requires an experienced criminal defence team. However, several defence strategies may be available depending on the facts of the case, the strength of the evidence, and how the offence was investigated. Here are the most common and effective defences:

Lack of Knowledge or Intent

A key element of drug importation is that the accused knowingly imported or was reckless as to the importation of a border-controlled drug. If the defence can show the accused had no knowledge of the package contents, or was unaware they were bringing drugs into the country (e.g. a parcel was sent to them unknowingly or they were used as a drug mule without their awareness), this may result in acquittal.

Identity or Mistaken Identity

The prosecution must prove that the accused was the person responsible for importing the drugs. In cases involving international mail, freight, or syndicates, there may be a lack of clear evidence linking the accused directly to the parcel or shipment. If the identity of the person who organised or arranged the import is unclear, it may be a viable defence.

Illegal Search or Improper Police Procedure

If Australian Border Force or police failed to follow proper legal protocols—such as searching without a valid warrant, conducting covert surveillance unlawfully, or breaching your rights under the Commonwealth Evidence Act—then key evidence may be excluded, weakening the prosecution case.

No Border-Controlled Drug

The substance in question must be tested and proven to be a prohibited drug under the law. If laboratory analysis is flawed, or if the substance turns out not to be a banned drug, this may provide grounds for dismissal.

Duress or Coercion

If the accused was threatened, blackmailed, or forced to participate in the importation under duress, this may provide a complete defence. This is especially relevant in cases where vulnerable individuals are recruited by organised syndicates.

Mental Health Defence

In some cases:

• Argues the accused was suffering from a mental illness at the time of the offence and did not understand the nature or wrongfulness of their actions.

• May result in a special verdict of not guilty by reason of mental illness and diversion to a mental health facility.

At Sydney Defenders, we have extensive experience in defending clients charged with large commercial quantity drug importation offences, which are among the most serious and complex charges under Australian law. We work alongside a highly respected network of leading criminal barristers and King's Counsel (QCs) who specialise in Commonwealth drug prosecutions and regularly appear in high-profile matters before the District and Supreme Courts.

Drug importation charges carry severe penalties, including life imprisonment, and require a strategic and well-prepared defence. Our team understands that each case is unique and demands meticulous preparation, careful analysis of the evidence, and in-depth knowledge of cross-border investigations and federal procedure. Sydney Defenders builds strong defence strategies that may focus on lack of knowledge or intent, evidentiary flaws, unlawful police conduct, or mental health considerations. We aim to achieve the best possible outcome in even the most challenging drug importation cases.