Commissioner of the Australian Federal Police v. Lahood, H. [1988] FCA 236

BUDGMENT No. 226 <x. .

Catchwords

Customs - narcotics dealing - assessment of pecuniary penalty.

Customs Act ss.243B, 243C

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE v.

G393 of 1987

Sweeney, J. Sydney 23 May 88

HARRY

LAHOOD

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 393 of 1987 )

GENERAL DIVISION )

BETWEEN: COMMISSIONER OF THE AUSTRALIAN

FEDERAL POLICE Applicant

AND HARRY LAHOOD Respondent

THE COURT: Sweeney, J. PLACE

Sydney

DATE 23 May 88

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. the defendant pay to the Commonwealth a pecuniary penalty in the sum of $180,400.

2. the amount referred to in order 1, be paid by the Official Trustee out of the property of the defendant that came into the Official Trustee's possession or under his control by reason of the orders of Mr Justice Morling made pursuant to Section 243E of the Customs Act 1901 on 13 August 1987.

3. the defendant pay the costs of the applicant of and incidental to the application.

Note: Settlement and entry of orders is dealt with in Order

36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 393 0 ) GENERAL DIVISION ) BETWEEN: COMMISSIONER OF THE AUSTRALIAN

FEDERAL POLICE

AND : HARRY LAHOOD THE COURT: Sweeney, J. PLACE : Sydney DATE : 23 May 88

REASONS FOR JUDGMENT

f 1987

Applicant

Respondent

This matter arises under Division 3 of Part XIII of the

Customs Act 1901 ("the Act") and in particular under s.243B of the

Act, the r

elevant portions which provide as follows:-

"2438. (1) Subject to sub-section (7), the Minister, the Commissioner of Police or the Comptroller may institute a proceeding in the Court, on behalf of the Commonwealth, for an order that a person pay a pecuniary penalty to the Commonwealth in respect of -

(a) a particular prescribed narcotics dealing engaged in by him; or