High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, GUMMOW, KIRBY AND HAYNE JJ
CHIEF EXECUTIVE OFFICER OF CUSTOMS APPELLANT
AND
LABRADOR LIQUOR WHOLESALE PTY LTD & ORS RESPONDENTS
Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd
[2003] HCA 49
5 September 2003
B46/2002
ORDER
1. Appeal allowed in part. 2. Set aside paragraphs 2 and 3 of the orders of the Court of Appeal of Queensland made on 20 July 2001 and, in lieu thereof, vary the order of Atkinson J made on 9 June 2000 by substituting the following: 3. What is the standard of proof required of the plaintiff in these customs prosecutions in order for him to obtain convictions for offences against ss 33 and 234(1)(a) and (d) of the Customs Act 1901 (Cth)?
Answer: In order to obtain a conviction of a defendant for any of the offences specified, the elements of the offence must be established beyond reasonable doubt.
1. What is the standard of proof required of the plaintiff in these excise prosecutions in order for him to obtain convictions for offences against ss 61 and 120(1)(iv) of the Excise Act 1901 (Cth)?
Answer: In order to obtain a conviction of a defendant for any of the offences specified, the elements of the offence must be established beyond reasonable doubt.
1. Are these customs prosecutions criminal proceedings for the purposes of the Evidence Act 1977 (Q)?
Answer: Those provisions of the Evidence Act 1977 (Q) which would be applied by the Supreme Court of Queensland in civil cases (including, in particular, the provisions of s 92 of that Act) are to be applied in the trial of the present proceedings.
1. Are these excise prosecutions criminal proceedings for the purposes of the Evidence Act 1977 (Q)?
Answer: Those provisions of the Evidence Act 1977 (Q) which would be applied by the Supreme Court of Queensland in civil cases (including, in particular, the provisions of s 92 of that Act) are to be applied in the trial of the present proceedings.
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