Serious Offences Under Federal and State Law
Our client, a dedicated fitness enthusiast, faced serious legal consequences after being charged with 15 counts under Commonwealth criminal law. These charges stemmed from the unauthorised importation of a large quantity of anabolic steroids and restricted substances, intercepted by Australian Border Force and later found in his residence by the police. The charges involved breaches of the Customs Act 1901 (Cth) and the Poisons and Therapeutic Goods Act 1966 (NSW).
Each offence carried a potential maximum penalty of five years’ imprisonment or a fine of up to $110,000, or both. The nature and scale of the offending placed the client at significant risk of a custodial sentence.
Initial Response and Charge Negotiation: Reducing 15 Charges to 5
Our client did not initially comprehend the gravity of the offences, given the common use of performance-enhancing substances within the fitness community. He cooperated fully with police, voluntarily participating in interviews and admitting to all alleged conduct.
Upon being engaged, Brightstone Defence conducted a comprehensive review of the evidence and entered into negotiations with the Office of the Director of Public Prosecutions (DPP). Through strategic discussions and legal submissions, we successfully reduced the number of charges from 15 to 5. We also secured amendments to the police facts to better reflect the client's true level of culpability.
Sentencing in the Local Court: An Initial Non-Custodial Outcome
Despite the prosecution's strong position, Brightstone Defence submitted extensive objective and subjective material in support of leniency. This included:
- A forensic psychological report arranged by our team
- A letter of apology from the client
- Multiple character references from family and community members
These materials demonstrated the client’s remorse, insight, and otherwise good character. The Local Court ultimately imposed a 12-month Intensive Correction Order (ICO), a custodial sentence served in the community.
While this outcome was favourable under the circumstances, Principal Criminal Defence Lawyer Mr Alex Cao assessed that a more lenient sentence could potentially be achieved on appeal.
Appeal to the District Court: Overturning the Original Sentence
Brightstone Defence promptly filed an appeal to the District Court of New South Wales on the grounds that the ICO was manifestly excessive. Ahead of the appeal hearing, our firm further strengthened the case by:
- Submitting updated psychological assessments
- Expanding on the client’s personal circumstances, including his role as the primary financial support for his household
- Citing recent case law regarding “hardship to the family of the accused”
We argued that the client lacked criminal maturity and intent, and that incarceration would impose disproportionate hardship on his dependents.
Despite strong opposition from the prosecution, the District Court ultimately accepted our submissions in full. The original ICO sentence was quashed and replaced with a two-year Community Correction Order (CCO), which imposes considerably less restriction and has no custodial component.
A Successful Outcome in a High-Risk Drug Importation Case
This case illustrates the value of strategic legal representation when navigating serious Commonwealth and state-level drug offences. With a carefully prepared appeal, we successfully had our client’s sentence downgraded from a 12-month Intensive Correction Order to a more lenient two-year Community Correction Order, allowing him to avoid imprisonment and protect his immigration status.
Frequently Asked Questions (FAQ)
- Is importing steroids into Australia illegal?
Yes. Importing steroids without proper authorisation breaches both federal and state laws, including the Customs Act 1901 and relevant therapeutic goods legislation.
- Can admitting guilt help in drug importation cases?
Cooperation and early admissions can be beneficial, but they must be part of a broader legal strategy. Legal advice is essential.
- What is an Intensive Correction Order (ICO)?
An ICO is a custodial sentence served in the community under strict supervision, including potential conditions such as drug testing, counselling, or community service.
- What is a Community Correction Order (CCO)?
A CCO is a non-custodial sentencing option, often imposed for less serious offences or where strong mitigating factors exist.
- Why was the appeal successful in this case?
The court accepted the argument that the client’s conduct lacked criminal maturity and that imprisonment would cause undue hardship to his family.
Get the Right Legal Team on Your Side
If you or a loved one is facing serious criminal charges involving drug importation, prescription medication offences or customs violations, it is critical to act quickly and engage a legal team with proven expertise in complex criminal matters.
Brightstone Defence has a strong track record of achieving outstanding outcomes in high-stakes drug and importation matters. Contact us today to arrange a confidential consultation and find out how we can help protect your rights and future.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
