CHIEF EXECUTIVE OFFICER OF CUSTOMS v DERBAS [2002] NSWCCA 132

New South Wales Court of Criminal Appeal

CITATION : CHIEF EXECUTIVE OFFICER OF CUSTOMS v DERBAS [2002] NSWCCA 132 FILE NUMBER(S) : CCA 60828/01 HEARING DATE(S) : 9 April 2002 JUDGMENT DATE : 11 April 2002

PARTIES : CHIEF EXECUTIVE OFFICER OF CUSTOMS v Zakaria DERBAS JUDGMENT OF : Mason P; Dowd J; Smart AJ

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/12/0687 LOWER COURT JUDICIAL Chief Judge Blanch OFFICER :

COUNSEL : Appellant: S F Vorreiter (Customs) Respondent: G Thomas SOLICITORS : Appellant: Australian Government Solicitor CATCHWORDS : Appeal by case stated - excise prosecution - Excise Amendment (Compliance Improvement) Act 2000, item 62 - inconsistent with Crimes Act (Cth), s4F(1). ND DECISION : Stated case - pars 28 and 29.

IN THE COURT OF CRIMINAL APPEAL CCA 60828/01

MASON P DOWD J SMART AJ

Thursday 11 April 2002

CHIEF EXECUTIVE OFFICER OF CUSTOMS v Zakaria DERBAS Judgment 1 THE COURT: On 4 July 2001 an excise prosecution was commenced against the respondent by Information and Summons in the Local Court, Downing Centre. 2 Three offences were charged under the Excise Act 1901 (Cth) (the Act) and they arose out of events occurring on 8 August 2000. The respondent was charged with:

(a) being in possession of excisable goods, namely cut tobacco leaf, contrary to s117;

(b) engaging in the manufacture of excisable goods, contrary to s35; and

(c) moving excisable goods subject to the control of Customs, contrary to s61. 3 The prosecution of each offence is an excise prosecution by virtue of s133. 4 The respondent pleaded guilty to each offence on 14 August 2001 before Magistrate Garbett. He was convicted and the following penalites and costs were imposed: