Australia is strongly committed to countering people smuggling and human trafficking. OReilly, M. J. The exception to this has been the Australian Capital Territory. Under such a situation, circumstances where users exceed the thresholds would be much less troubling, as in the absence of any additional evidence of trafficking intent, the user would be appropriately charged with a simple possession offence (and liable to a much smaller maximum penalty eg 2 years imprisonment). Deemed supply in Australian drug trafficking laws: A justifiable legal provision? The ABC has reached out to Australian Border Force for comment. The use of illicit drugshas been steadily increasing in Australia and New Zealand, even as the COVID-19 pandemic disrupted supply chains,according to the report releasedon Thursday. Illicit drug use in Australia is the recreational use of prohibited drugs in Australia. Illicit drugs include illegal drugs (such as cannabis, opiates, and certain types of stimulants ), pharmaceutical drugs (such as pain-killers and tranquillisers) when used for non-medical purposes, and other substances used inappropriately . This indicates that Australian drug users are unlikely to exceed the trafficable threshold under normal circumstances, but that when using or purchasing their highest doses, many do exceed the thresholds. The dark web drug market has also been . Enactment by other jurisdictions would lower most threshold quantities, particularly in Tasmania, but also in the Australian Capital Territory, Queensland, New South Wales and Victoria. He has pleaded guilty to 50 offences including drug trafficking and money laundering. Police in PNG sayoutdatedlaws have left them unable to lay drug charges against the Australian manager of a Port Moresby hotel where an alleged clandestine meth lab and illegal firearms were discovered. This is due to gaps in knowledge about the frequency of high use and purchase behaviour. Instead, the school's liability for any Stafford J & Burns L 2012. Such behaviour is of concern, not only because of the number of regular MDMA users exceeding the thresholds, but also because binging (ie high quantity use; Sindicich & Burns 2102) and stockpiling (ie high-quantity purchases) are both common behaviours among regular MDMA users (Fowler, Kinner & Krenske 2007). With this knowledge, I have experimented and identified spatial data patterns of vessel behaviors and recognized and implemented innovative models to identify Illegal Unregulated Unreported fishing activities (IUU), Maritime crime activities such as smuggling, drug trafficking, human trafficking (especially Australia), and rescue distress . Please try again later. The majority of the drugs was . Accordingly, data on quantity of drug consumed was also sourced from the 2010 NDSHS (AIHW 2011). The maximum penalty ranges from fines of 1000 penalty units to imprisonment for life, depending on the quantity of the drug. International Journal of Drug Policy, 84, 1-11. The companies associated with the syndicate have had investments in gyms, a mechanical workshop, a halal meat product company, a used car dealership, commercial premises, residential real estate, businesses related to luxury cars, boats and heavy machinery, hairdressing, beauty treatments, massage businesses and a nightclub. He has family members who seem to live beyond their means and have significant unjustified wealth. Nicholas Cowdery is from the Faculty of Law, The University of New South Wales. New Zealand Prime Minister Jacinda Ardern in 2019 told Australia not to "deport your problems", saying the Australian government had to stop sendingconvicted criminals who had spent most of their lives in Australiaback to New Zealand. Therefore, the strategy is to implement operational and training activities with foreign execution agencies (Malins, 2019). The criminal charge of murder is the only other offence that has a similar bail condition. (2015). Thousands of kilograms of illegal substances cross international borders daily, entering the lives of drug dealers and addicts. street value of $225 million, has been seized before getting to Australia. Based on the report released by the National Drug Strategy Household Survey or NDSHS, an estimated 16.4% or about 3.4 million of the total population in Australia had used an illicit drug in the previous 12 months.And it had spent 11.3 billion illicitly on substance abuse in 2020 based on the drug use trends in Australia. They were arrested by the police from Brisbane on the charge of trafficking drugs hidden in a tube of hair dye on February 22. Web. Mr Sousa-Santos said this could be addressed by providing holistic support to integrate individuals being deported,including "drug rehabilitation, some type of vocational training, language and cultural training before going back". Our research can be found in: Hughes, C.E., Cowdery, N. & Ritter, A. Yet, in spite of known risks from adopting such thresholds, particularly of an unjustified conviction of a user as a trafficker, the capacity of Australian legal thresholds to deliver proportional sanctioning has been subject to limited research to date. Some of the AFPs operations in the leak led to arrests in Australia and overseas, apparently causing significant disruption to drug supply chains. The AFP is concerned about possible breaches of operational security as a consequence of this data compromise, a spokesperson said. In so doing, it is feared that thresholds reduce the capacity to sanction drug traffickers on the basis of their intended or actual harm. As law obligations, manpower, and technology means progress, smugglers connected with the illicit trade change their compliance policies (Hughes et al., 2020). Skip to content (02) 7205 5934 Find Court Date Book A Lawyer About. "External organised crime actors have played a central role inestablishing, fuellingand maintaining the drug market in the Pacificand driving the growth of local drug production and consumption," the report said. A 2018 Australian Federal Police (AFP) document reviewed by Reuters outlining the top . Model Criminal Code Officers Committee (MCCOC) 1998a. Instead, at both the time of conviction and the year leading to the conviction, they were users/possessors only. Visa applications connected to education agencies of concern are now subject to safeguards, resulting in heightened levels of scrutiny.. Indeed, heroin users in New South Wales can consume up to double the threshold quantity for their personal use alone. StudyCorgi. Conversely, opponents of threshold quantities argue that specification of a quantity of drug as the cut off between offences can unwittingly lead to inappropriate or unjust sentencing of drug offenders. Drug trafficking is increasingly on the agenda among international organizations, which are sincerely concerned about the growing prevalence of the problem. Yet, a rational basis for whether current or proposed thresholds are fit for purpose, that is, whether they enable proportionate sanction, has been largely ignored. This paper summarises key findings from a Criminology Research Grant funded project. Data were derived from three different national surveystwo of regular drug users (the Illicit Drug Reporting System: IDRS and the Ecstasy and related Drug Reporting System: EDRS) and one from the general population (the National Drug Strategy Household Survey: NDSHS). Moreover, among countries that choose to employ legal thresholds, there is variation in how they are employed, whether for example they are used to distinguish traffickers from users or to distinguish between different levels of drug trafficking or to trigger the type of sanction warranted for users (Hughes 2010a, 2003). Many countries explicitly avoid their use (eg France). The policy provides to participate in the improvement of international standards on punishment for drug trafficking. This strategy is required to curb drug trafficking across borders. Opponents of legal thresholds also argue that they may unwittingly provide perverse incentives for high-level traffickers to modify their behaviour to reduce their risk of severe sanction (through, for example ensuring mules hold their drugs rather than themselves). The first solution is to abolish the deemed supply provisionsto place the onus back on the prosecutor to prove trafficking intent (or intent for preparation for trafficking) based on evidence such as scales, multiple bags, telephone records, etc. 2023. At the same time, in order to achieve the plan, it is essential to perform such actions as constant border patrol, an inspection of vehicles entering the territory of Australia, and individuals. Police Detective . In September 2019, when he and five other people tried to travel to Panama, they were denied entry due to the blue notice and simply returned to Colombia. Lee, 65, is a former prison mate of Tse's suspected of being involved in drug trafficking for four decades. Under typical conditions, heroin users reported consuming a median quantity of 0.2 to 0.3 grams of heroin; well under the trafficable threshold of two to 25 grams. February 16, 2023. https://studycorgi.com/high-level-drug-trafficking-in-australia/. One key takeaway from the figures presented in the report is that the Australian drug trade is large and growing. Australian frontier authorities and customs patrol borders, airports, and ports on a regular. In one case, the AFP is hunting a drug kingpin who is living in luxury after fleeing Perth for Colombia, leaving behind a string of still-operating businesses here. Thus, the launch of drones is a highly effective and comprehensive method of surveillance abroad from the air. From opium to marijuana to cocaine, a variety of substances have been illegally imported, sold and distributed throughout U.S . "When they are returned, they're returned with no cultural understanding, language skills of those countries support networks to receive them or prospects of work. The article states that the successful opening of the drug business system is a continuation of the victorious action against drug trafficking and its importation into Australia. (2023, February 16). It blamed the deportation policies of Australia, New Zealand and the United States for "exacerbating crime and addiction within Pacific nations". You are free to use it to write your own assignment, however you must reference it properly. Drug trafficker Tony Mokbel taken to hospital. Secret agents targeting drug cartels in Australia exposed in data hack. The kingpin and an accomplice are subject to Interpol blue notices. Findings from the Ecstasy and Related Drugs Reporting System (EDRS). Data on last purchase amount was extracted by state and drug type, dosage conversions applied, data cross-checked with experts and then estimates compared against the actual threshold quantities. The AFP collaborates with various national and international law enforcement partners to develop and implement strategies to dismantle syndicates involved in the trafficking of illicit drugs and drug . In Australia, the issue of drug trafficking thresholds has risen to the fore, mainly in the context of concern about the lack of consistency across drug quantities in different state systems. StudyCorgi. Concern is that without legal thresholds, there would be more opportunity for prosecutorial and sentencing abuse, leading to more adverse sentencing outcomes (such as sanctioning traffickers for simple possession or Mr Bigs with overly lenient terms). Melbourne crime figure Tony Mokbel has been taken to hospital in Geelong from Victoria's high-security . Each triggers increasingly severe penalty ranges that can be applied, such as up to 15 years imprisonment for a trafficable quantity and life imprisonment for a large commercial quantity in New South Wales (Drug Misuse and Trafficking Act, 1986 (NSW)). Efforts to disrupt the syndicates exploitation of the student-visa stream is also a primary focus for Home Affairs, the report said. A 24-year-old Sydney man has been jailed for nine years and four months after he posed as a teen to exploit and extort explicit images from children online. Due to the undercover nature and absence of provable data on this issue, it is challenging to estimate the market area of the trade with perfect correctness (Hughes et al., 2020). Drug trafficking and productionis on the rise in the Pacific Islands and Australia's addictionto methamphetamineand cocaine is driving the problem,aLowy Institute report has found. This is particularly when compared with the sanction for simple use or possessiona maximum of two years imprisonment or a more probably, a simple caution or diversion (and no criminal record; Hughes & Ritter 2008). The results are complex, as there are a large number of datasets crossing different populations, patterns of drug user behaviour and jurisdictions. In all jurisdictions except Queensland, Australian drug trafficking thresholds are attached to deemed supply laws, which reverse the traditional burden of proof from prosecutors onto defendants. Drug trafficking is selling, transporting, or importing illegal drugs. Secret agents targeting drug cartels in Australia exposed in data hack. This makes the cocaine market the second largest drug market after that of cannabis (valued at between $183 billion and $287 billion). Hughes, C. E., Chalmers, J., & Bright, D. A. Legal thresholds are significant yet controversial tools in the sentencing of drug offenders (Hughes 2010a, 2003). Such laws mean that possession of the trafficable threshold amount will constitute a presumption of trafficking placing the onus on the alleged offender to prove that the possessed amount was not for the purposes of trafficking (deemed supply). "In a region plagued by 'unmet development challenges', transnational crime and illicit drugs are a cross-cutting threat to development, securityand governance in the Pacific," the report said. Web. It is evident that the number of ways to cross the frontier illegally is growing every year. A report last year by the Lowy Institute found that, in the Pacific Islands, "drug trafficking has evolved significantly with the rise of local actors in transnational criminal networks". The illegal drug trade in Australia is estimated to be worth AU$11.3 billion and in New Zealand up to an estimated AU$1.86 billion per annum. A number of desirable indices such as purchases under heavy conditions were unavailable. To date, only one state, South Australia, has enacted such changes. Nevertheless, this is the best available data to date and provides considerable insight into the Australian drug trafficking threshold system. For example, most irregular users reported consuming a median quantity of 0.25 to 0.41 grams of MDMA (approximately 1 pill) and most regular users reported consuming 0.58 to 0.73 grams (approximately 2 pills). This ability to react quickly to changing conditions results in the practical elusiveness of bootlegging gangs. February 16, 2023. https://studycorgi.com/high-level-drug-trafficking-in-australia/. Other items used to conceal the cocaine include large bolts, engine parts, shampoo and face creams. Operation Shenzi was a joint Australian Federal Police, Australian Border Force, Australian Criminal Intelligence Commission and Western Australia Police Force investigation carried out in 2016, which culminated in the arrest of 14 people who were either crew members of the mother ship Mega Profit . for only $13.00 $11.05/page. 1. Exploring interrelationships between high-level drug trafficking and other serious and organised crime: an Australian study. News Corp Australia. A principal challenge has been how to effectively differentiate and sanction participants in the drug trade . The series follows Lagac, who was labelled as a "major drug dealer," and her life back in Canada after she spent several years in prison in Australia. Jodie Anne Croul pleaded guilty to multiple charges, including drug trafficking . Most Australian states and territories employ three different thresholdsa trafficable threshold (that distinguishes crimes of low-level trafficking versus possession for personal use), a commercial threshold and a large commercial threshold (Hughes 2010b). More concerning is the proportion of affected MDMA users. Combatting these transnational crimes requires close cooperation bilaterally, regionally and multilaterally. 1 Queensland University Of Technology, Brisbane, Australia. In this study, the authors use data on patterns of drug user consumption and purchasing to evaluate Australian legal threshold quantities to see whether Australian drug users are at risk of exceeding the thresholds for personal use alone. Nutt DJ, King LA & Phillips LD 2010. However, it is also clear that the level of risk can be mitigated by better design. (2023) 'High-Level Drug Trafficking in Australia'. This paper was written and submitted to our database by a student to assist your with your own studies. Add languages. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/australias-drug-use-drives-trafficking-crime-in-pacific/100836834, Australian hotel manager caught up in PNG drug bust, Australia's biggest drug bust: $1 billion worth of cocaine linked to Mexican cartel intercepted, 'Pincers are closing': Ukrainian forces under pressure as Russians shell roads out of Bakhmut, Four in hospital after terrifying home invasion by gang armed with machetes, knives, hammer, 'We have got the balance right': PM gives Greens' super demands short shrift, Crowd laughs as Russia's foreign minister claims Ukraine war 'was launched against us', The tense, 10-minute meeting that left Russia's chief diplomat smoking outside in the blazing sun, 'Celebrity leaders': Mike Pompeo, Nikki Haley take veiled jabs at Donald Trump in CPAC remarks. Web. The report also found that the deportation policies of Australia, New Zealandand the United States were "exacerbating crime and addiction within Pacific nations" by returning convicted criminals back to their country of origin without rehabilitation. As a result, a large consignment of drugs previously transported across the boundary was found. methamphetamine is the most used and trafficked drug controlled by criminal organizations that produce it; crystal methamphetamine, MDMA (ecstasy), cannabis products, heroin, ketamine, and Erimin 5 (nimetazepam) are smuggled into the country; a transit point for trafficking cocaine and other drugs to the Australian market Many overseas police agencies are also affected. Instances of exceeding the thresholds are also greater when examining practices of regular users, rather than irregular users, and for considering patterns of heavy use, rather than patterns of typical use. Get it here. Drug trafficking in the United States dates back to the 19th century. In another, a series of migration agents targeting Colombian students is being used to filter money and imported cocaine to motorcycle gangs operating in Brisbane. However, the cooperation of frontier guards with the customs service and other state organizations represents an essential role in successfully implementing the preventive method. International Journal of Drug Policy, 67, 63-71. This "highway", it said,was servicing a growing demand for illicit drugs in the Pacific Islands. "High-Level Drug Trafficking in Australia." "High-Level Drug Trafficking in Australia." Attorney-Generals Department (AGD) 2011. Our Breaking News Alert will notify you of significant breaking news when it happens. Those funds are undermining Australia's public health and distorting our economy, and ultimately funding drug cartels and traffickers in Southeast Asia. Australia is a current member of the CND (until 2013) and is an observer of the CCPCJ (however, Australia works closely with current members through the Western . Were working to restore it. For both proponents and opponents concern is twofold. CNN . StudyCorgi. Dark web drug trafficking has been an increasingly prominent issue since the inception of the illicit drugs website, Silk Road. The report says motorcycle gangs are now involved in drug trafficking, extortion and money laundering in the region, using the example of the arrest in Australia of three men associated with an . At the same time, it was verified that such methods facilitated the detention of a smuggler at the border by gathering information and using specially trained dogs to search for narcotics (Man jailed for role in 300kg cocaine import to Victoria, 2021). Sydney: National Drug and Alcohol Research Centre. Drug checking could replace drug sniffer dogs at youth music events. Nevertheless, most median and mean quantities that Australian drug users reported consuming or purchasing were lower than the trafficable thresholds. Australian police have busted a drug trafficking network, mostly cocaine, worth more than $ 1 billion, run by a group of Albanians. Moreover, when there is a suspicion that a certain person may be transporting narcotics, it produces a prompt response. Drug Trafficking in the Mainland Southeast Asian Region: The Example of Vietnam's Shared Borderland with Laos - Volume 58 Issue 1 . "So, many of them tend to reach back to their criminal contactsin Australia, New Zealand and the US and create a supposed shadow economy and power structures in which they can fit in.". For example, as shown in Table 3, in every state regular ecstasy users reported consuming and/or purchasing quantities for personal use that exceeded the trafficable threshold. After reaching Vietnam, part of the drugs headed to sea from Ho Chi Minh City's Cat Lai port, bound for Manila. The question arises, which users are at risk and how often will this occur? This approach also provides Australian border guards to obtain predictive data about the possible crossing of the border with drugs. In another operation, the AFP identified 55 people as potentially involved in an Australian cartel run out of Perth. The cartel uses people on student visas, who receive the air cargo consignments from FedEx Colombia and then send money to Colombia. While performing them, agencies experience resource constraints, problems in coordination between different customs authorities, difficulties in identifying syndicates, and rapid adaptation of smugglers to new conditions (OReilly et al., 2020). In Papua New Guinea, there are no laws that prohibit the production, sale or use of methamphetamines, making it a key location to transit drugs to Australia. The charges relate to his operation of an online 'dark web' drug outlet called "Underline Cost.". Of relevance here, users of cocaine are underrepresented in the sample (Degenhardt & Dietze 2005). (2021). This is due to both the particular quantities adopted and the idiosyncratic Australian criminal justice response to drug traffickers which removes the normal criminal justice safeguard of the burden of proof resting with the prosecution. Such assistance is very significant because the arrest of drugs at the borders of the sea gives the chance to seize illicit materials in the most immediate way, as a result, it will reduce supplies to Australia. Drug dog affects: Accounting for the broad social, emotional and health impacts of general drug detection dog operations in Australia. This is exemplified by considering patterns of consumption and purchasing from two of the five drugs examinedheroin and MDMA. In a statement, they said their motivation is to target mining and oil companies, military and police systems in Mexico, Peru, El Salvador, Chile, Colombia and elsewhere to sabotage corporations and systems they said exploit natural resources and support US interests. Drug laws in Australia are complex - some laws are federal, while others are state or territory based. Colombia and Peru have alternated as the top . However as shown in Table 2, examining the maximum quantity that a heroin user might be reasonably expected to possess for their personal use alone, users can equal or exceed the thresholds in one state for a typical session of use, in three states for a heavy session and in two states for purchasing. Large-scale drug importation is happening via shipping containers, small and large aircraft, cargo vessels and private yachts, in some cases with the aid of corrupt law enforcement officials overseas. Storms threaten north-east United States after tearing through the south, leaving 10 dead, In Papua New Guinea, there are no laws that prohibit the production, sale or use of methamphetamines, New Zealand Prime Minister Jacinda Ardern in 2019 told Australia not to "deport your problems, 'Child abuse and broken families': Tonga weighing up death penalty in fight against drugs, Cocaine, meth use 'overwhelming' as Tongans head to the polls, Canberra coach Ricky Stuart slams NRL, RLPA following further concussion controversy, 'How dare they': Possum Magic author hits out at 'ridiculous' Roald Dahl edits, 'Dastardly and heinous crime': Philippines governor killed at home by unknown gunmen, Vanuatu hit by two cyclones and twin earthquakes in two days, Emily was studying law when she had to go to court. For example, even for offences of murder and manslaughter, the onus remains on the prosecution to prove guilt (MCCOC 1998a). Indeed, they are 25200 times larger. This is under the trafficable threshold of 0.75 to 10 grams.