In emerging countries, it is easy to cross certain parts of the frontiers unnoticed with illegal substances. The fact that this is how police and prosecutors operate in Queensland, France and most other criminal justice systems (Hughes 2010a) shows this is not only possible but a more common practice. Exploring interrelationships between high-level drug trafficking and other serious and organised crime: an Australian study. how these figures were setis not a calculation for which the workings are generally in the public domain, nor did some jurisdictions retain their workings out even in the private domain (Harris 2011b: 9). 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. Hughes, Caitlin|Ritter, Alison|Cowdery, Nicholas|Phillips, Benjamin, The implementation of model schedules for Commonwealth serious drug offences, Data sources on illicit drug use and harm in Australia, Containing ecstasy: Analytical tools for profiling an illegal drug market, Conviction by numbers: Threshold quantities for drug policy, TNI-EMCDDA expert seminar on threshold quantities, Topic overview: Threshold quantities for drug offences, Legislative threshold for drug possession and traffic: An overview of state and territory differences in Australia, The role of the quantity in the prosecution of drug offences (ELDD comparative study), A summary of diversion programs for drug and drug-related offenders in Australia, Serious drug offences (Model Criminal Code), Ministerial Council on Drug Strategy joint communique16 May, Drug offences guideline: Professional consultation, http://www.justice.vic.gov.au/emanuals/CrimChargeBook/default.htm. This study was funded by a grant from the Commonwealth of Australiathe Criminology Research Grants. While such provisions have been justified in terms of assisting in the successful prosecution of drug traffickers, they are unique relative to most other drug trafficking threshold systems across the world, where deemed supply laws are explicitly avoided (Harris 2011a; Hughes 2003; Walsh 2008). 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). March 2, 2023. in News. High-Level Drug Trafficking in Australia. What is also problematic is to grab an entire syndicate of smugglers, not just one member (OReilly et al., 2020). Thomas . (2020). A joint U.S. and Australian law enforcement operation busted an international drug ring after intercepting 2.4 tonnes of cocaine aboard a vessel off the coast of South America that had been bound . The process by which these institutions fulfill their duties is to control borders, gather information, investigate criminal networks, implement anti-smuggling technologies, and prosecute members of professional smuggling groups. The study which claims to be an Australian first, is called 'The Child Next Door.' It examines the issue of child exploitation and trafficking in Queensland and looks into the way children are mistreated. (2023, February 16). Deemed supply in Australian drug trafficking laws: A justifiable legal provision? Our legal and historical analysis of these Australian deemed supply laws has shown that the laws are unjust, unnecessary and inconsistent with standard legal principles. A woman has admitted to heading up a major drug trafficking network busted by police in dramatic raids in 2019. . However, as shown in Table 3, examining the maximum quantity that an MDMA user might be reasonably expected to possess for their personal use alone, users can exceed the thresholds in two states for a typical session of use, in four states for a heavy session and in all six states for purchasing. (2015). 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). Herein, the focus is on the formerto what extent Australian legal thresholds unwittingly place users at risk of unjustified and disproportionate charge or sanction as traffickers. StudyCorgi. Australia is seen as an attractive target for criminal organisations involved in maritime drug trafficking due to the high price of drugs in Australia, and high demand for drugs in Australia. Australian drug trends 2011. Current Issues in Criminal Justice, 27(1), 1-20.. Dr Caitlin Hughes, Nicholas Cowdery AM, QC and Professor Alison Ritter, Copyright 2023 UNSW MEDICINE - National Drug and Alcohol Research Centre, Authorised by National Drug and Alcohol Research Centre - Australian Institute of health and welfare (2021) Alcohol, tobacco & other drugs in Australia [Infographic]. The views expressed are the responsibility of the authors and not necessarily those of the Commonwealth. Trafficking in a controlled drug is divided into offences based on the quantity of the drug trafficked. Recently, the efforts of border defenders are not sufficient to guard, so new technologies perform a valuable role (Malins, 2019). Model Criminal Code Officers Committee (MCCOC) 1998a. Therefore, the Australian border authorities are implicated in a comprehensive action against narcotics trafficking at the national and international levels. Nevertheless, most median and mean quantities that Australian drug users reported consuming or purchasing were lower than the trafficable thresholds. Stafford J & Burns L 2012. One of the largest drug crackdowns involving Australian police. 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). Those quantities deemed implausible were removed; for example, reported consumption of 20 grams of heroin which would be toxic. The examination is performed with the aid of specially trained dogs that smell narcotics. Dark web drug trafficking has been an increasingly prominent issue since the inception of the illicit drugs website, Silk Road. Vietnam has met most of the Millennium Development Goals (Australian Government 2018; United Nations Viet Nam 2017). 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. The U.S. and Australian police jointly handled the case, uncovered an international drug trafficking syndicate, and intercepted 2.4 metric tons of cocaine on a ship bound for Australia off the coast of South America, with a market value of up to 1 billion Australian dollars (approximately NT$20.6 billion). Australian police have described the action as one of the biggest blows to organized crime by seizing about 1.5 tonnes of drugs, including more than . The specific threshold quantities employed vary by drug type, by jurisdiction and whether they are measured in terms of the pure chemical compound of a drug (pure grams) or, more commonly, in terms of pure chemical and any inert substances and fillers that are added before sale on the street (mixed grams or admixtures). A massive leak of classified government documents has exposed the identities and methods of secret agents working to stop . On the threshold: How relevant should quantity be in determining intent to supply. The AFP is concerned about possible breaches of operational security as a consequence of this data compromise, a spokesperson said. It is an offence in the ACT to traffic in a controlled drug. According to GFI's report, the global market in cocaine is valued at between $94 billion and $143 billion, an increase from an estimated $88 billion in 2008. For MDMA, under typical conditions, most users again reported consuming less than the thresholds. Drug trafficking in Australia is deemed a very serious offence, one for which legislators and courts have ruled general deterrence is paramount and little mercy should be shown (Clune [1989] VR 567, OBryan and Marks JJ, 576). The difficulty is that developing countries are usually drug producers, while progressed ones are the primary consumer market, which affects the circulation of illegal substances worldwide. Disclaimer: Services provided by StudyCorgi are to be used for research purposes only. A number of desirable indices such as purchases under heavy conditions were unavailable. The final quantities were then compared against the actual trafficable thresholds to identify for each drug and state two thingsfirst, whether most users consume less than the threshold quantity in a single continuous session of use (using median and mean estimates) and second, whether there is risk to any users of an unjustified charge/conviction; that is, whether the maximum possessed is equal to or greater than the trafficable threshold. This is particularly true for MDMA and for users in the states of New South Wales and South Australia. To date, only one state, South Australia, has enacted such changes. The weight of the drugs determines whether the person is charged with a use/possess offence (diversion into treatment, fine, bond) or a supply offence (up to 21-25 years or life imprisonment, depending on the jurisdiction). 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). The fentanyl . The policy provides to participate in the improvement of international standards on punishment for drug trafficking. CNN . However, this is a complex process, and customs authorities usually seem to expose only a few personalities while others adapt to new conditions. Credit: Transnational serious organised crime groups are importing illicit drugs into Australia on an industrial scale, the AFP spokesperson said. 4 Min Read. The documents chart a steady flow of cocaine and other drugs from Colombian cartels and organised crime groups in Europe, Asia and the Pacific targeting Australian ports and airports, via intermediaries in places such as Africa, Hong Kong and Fiji. In Fiscal Year 2020, CBP seized over 42,645 pounds of cocaine, 5,222 pounds of heroin, 324,973 pounds of marijuana, 156,901 pounds of methamphetamine, and 3,967 pounds of fentanyl. StudyCorgi. . Queensland employs prescribed quantities in a different waytriggering penalties equal to drug trafficking, rather than an actual charge or sanction as a drug trafficker (Drug Misuse Act 1986 (Qld)). In addition, the problem is the speedy adoption of traders to the current conditions. It is evident that the number of ways to cross the frontier illegally is growing every year. 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. It is clear that the risks of exceeding the thresholds vary considerably across drug types. 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 . 22. This is under the trafficable threshold of 0.75 to 10 grams. Some of the AFPs operations in the leak led to arrests in Australia and overseas, apparently causing significant disruption to drug supply chains. This increases the likelihood that existing thresholds will have unintended and undesirable policy outcomes. Drug trafficking examples typically take the form of more illicit, or scheduled, drugs, like cocaine, heroin, and methamphetamines. 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. As increasing amounts of drugs are trafficked, this creates more illicit funds which criminals will . tailored to your instructions. Sydney: National Drug and Alcohol Research Centre. 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 . The question arisesto what extent is it reasonable to expect a drug user in such circumstances to prove the absence of trafficking or intent to traffic? "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.". 1. In 2011, a total of 868 users participated in IDRS (Stafford & Burns 2012) and 693 in the EDRS (Sindicich & Burns 2012). The kingpin, who fled the country in 2018 and now lives in Colombia with his wife, has 17 registered companies in his name. Hughes C & Ritter A in press. In 2019, 11.0% of Australians smoked tobacco daily, down from 12.2% in 2016 and 24% in 1991. Some documents pertain to current AFP operations and others reveal details about past operations, including the recently revealed Ironside sting, which brought down crime networks around the world. Over the past 50 years, levels of apparent consumption of different alcoholic beverages changed substantially. Drug trafficking is a global illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws. Australian Border Force. "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. This, is turn, could foster higher levels of community dissatisfaction and lower deterrence for current and would-be traffickers. Our research can be found in: Hughes, C.E., Cowdery, N. & Ritter, A. 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 . The South Australian man has been further charged with cultivating cannabis and possessing prescribed equipment. UK nationals charged with trafficking drugs into Australia. Metric 2: User patterns of purchasing; that is, quantity of drugs that a user is likely to purchase for personal use. A massive leak of classified government documents has exposed the identities and methods of secret agents working to stop major drug importations to Australia. He has family members who seem to live beyond their means and have significant unjustified wealth. He said it was important "that we support initiatives back into the country to which they are being deported to ensure that they are able to integrate back into society". (2023) 'High-Level Drug Trafficking in Australia'. Operation Geronimo: Resolving Legal Issues, Alcohol, tobacco & other drugs in Australia, Drug dog affects: Accounting for the broad social, emotional and health impacts of general drug detection dog operations in Australia, Structural and functional changes in an Australian high-level drug trafficking network after exposure to supply changes. Web. Drug trafficking and money laundering are global issues that are interconnected. Other transactions linked to the group have funnelled millions of dollars overseas via a web of shell companies, from the sale of luxury cars, transfers from a commercial law firm and migration agent, money transfers via the Commonwealth Bank, ANZ and US banks including Wells Fargo, and cash deposits under $10,000 via ATMs. He said this was becauseAustralia and New Zealand were small,geographically isolated markets, which pushed up the price. Moreover, if the accused wishes to dispute the supply charge, the onus is placed on the accused to prove the quantity possessed was not for the purposes of supply. Nevertheless, this is the best available data to date and provides considerable insight into the Australian drug trafficking threshold system. StudyCorgi. 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. This makes the cocaine market the second largest drug market after that of cannabis (valued at between $183 billion and $287 billion). Colombia and Peru have alternated as the top . 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. Australia and New Zealand, in collaboration with their Pacific partners, had increased initiativesto combat drug production and transnational crimesbut, the report warned, a "one-size fits all" approachwould not work for the region. What is clear from this analysis is that, even if the system helps to convict and sanction drug traffickers, the current legal threshold system is placing Australian drug users at risk of unjustified charge or sanction. Resource Type: DPMP Bulletins, Working papers/discussion papers. Were working to restore it. The group is allegedly linked to a Queensland accounting firm that caters to Spanish speakers, and an Australian man with links to the Bandidos, Mongols and Lone Wolf Outlaw Motorcycle Gangs. 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 Offence of Trafficking in a Controlled Drug. "Stopping crime at the source is a key strategy for the AFP and partnerships with Pacific policing organisations are resulting in a more-hostile environment for criminal activity,"an AFP spokesperson said. 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 . 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). Several difficulties confront border agencies face while dealing with and enhancing the ways to solve this issue. This "highway", it said,was servicing a growing demand for illicit drugs in the Pacific Islands. The ABC has reached out to Australian Border Force for comment. 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. A principal challenge has been how to effectively differentiate and sanction participants in the drug trade . The NDSHS is a representative sample of the general Australian population that is conducted every three years. But a new Australian report suggests that it's more prolific here than most people think, or perhaps even care to admit. Other items used to conceal the cocaine include large bolts, engine parts, shampoo and face creams. "High-Level Drug Trafficking in Australia." In 2017, the authority seized 3.3 tonnes of cocaine, 2.1 tonnes of crystal meth and undocumented amount of Heroin. The number of Colombians applying for student visas to Australia increased from 1859 in 2005-06 to 17,250 in 2019-20, more than doubling in the six years between 2015 and 2020. For example, according to the statistical data, Australians spent approximately $5.8 billion on methamphetamine and $470 million on heroin in 2020 (Hughes et al., 2020). The implication is that even if the current legal threshold system helps to convict and sanction drug traffickers, it may be placing Australian drug users at risk of unjustified charge or sanction. A minority of countries specify actual quantities (eg Germany; Hughes 2010a, 2003). 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. First, there has yet to be any systematic assessment of the risks (and benefits) of thresholds. 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. During the 20th century, many of these groups established themselves as the key suppliers of marijuana and heroin. The kingpin and an accomplice are subject to Interpol blue notices. Meanwhile, "narco-corruption" in the Pacific "compromised institutions and individuals across key agencies, such as customs, policeand immigration,and undermined the rule of law". Government agencies in different states often disagree on whether to view illicit drugs as a health or criminal problem, and it is evidenced by different views on law enforcement and penalties imposed on drug offenders. StudyCorgi. The second solution, if deemed supply laws are retained, is that threshold quantities be elevated to exceed the maximum quantities identified for personal use. "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. Were sorry, this feature is currently unavailable. The Department of Foreign Affairs and Trade leads diplomatic engagement on these issues and also provides practical cooperation and assistance to help counter trafficking and smuggling in our region. The Advertiser writes that "Booker served as a police officer for four years before leaving the job in 2018", but later in the same article states "He was fired from the . The AFP with drugs seized from a clandestine laboratory in July 2022.Credit: In a separate hack, the group published emails from Chiles military forces, resulting in the head of the joint chiefs of staff there, General Guillermo Paiva, resigning on September 23. Many countries explicitly avoid their use (eg France). That said, the maximum quantity consumed or purchased for personal use alone exceeded the trafficable quantity for most drug types. Findings from the Ecstasy and Related Drugs Reporting System (EDRS). This paper summarises key findings from a Criminology Research Grant funded project. Drug trafficking is selling, transporting, or importing illegal drugs. Drug Trafficking in the Mainland Southeast Asian Region: The Example of Vietnam's Shared Borderland with Laos - Volume 58 Issue 1 . Jodie Anne Croul pleaded guilty to multiple charges, including drug trafficking . While it must be emphasised that circumstances of high use and purchase are not going to occur all the time, this clearly shows the erroneousness of the assumption that the thresholds effectively filter out all users from traffickers. It uses a complex structure of interconnected companies to assist in the placement, distribution and integration of the proceeds of crime with company directors who are direct family members including his brother with an interest in 14 companies, the ACIC said. "The response by Pacific states and traditional partners must be rapid, proactiveand adaptive," the reportnoted. DPMP monograph series no. 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). In August 2018, the Australian Criminal Intelligence Commission (ACIC) published a report that detailed some of the groups money laundering and drug trafficking activities. In 2010, more than 26,000 people from all Australian jurisdictions aged 12 years and over were sampled (AIHW 2011). Key points: Thomas Booker was a police officer from 2014 to 2018. Societies undermined by drug trade Organized crime rings continue to rake in millions of dollars from drug trafficking, warns the INCB report, with negative consequences for societies and economic development, ranging from corruption and bribery, to increased organized crime, violence, poverty, and inequality. "Transnational drug crime is a protracted problem, but not one that is of the Pacific's own making rather the region is a casualty of the criminal greed of organised crime and the drug appetite ofAustralia and New Zealand.".
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