Chief Executive Officer of Customs v Mourad El Sayed [2003] NSWSC 1092

New South Wales Supreme Court

CITATION : Chief Executive Officer of Customs v Mourad El Sayed [2003] NSWSC 1092 HEARING DATE(S) : 28.10.03, 29.10,03 JUDGMENT DATE : 26 November 2003 JURISDICTION: Common Law JUDGMENT OF : Mathews AJ DECISION : Orders; 1. The defendant be convicted of the offence of smuggling contrary to s 233(1)(a) of the Customs Act and that he pay to the plaintiff a penalty of $500; 2. the defendant be convicted of the offence of evading payment of duty contrary to s 234(1)(a) of the Act and that he pay to the plaintiff a penalty of $2,877,500; 3, the defendant be convicted of the offence of intentionally making a statement to a Customs Officer, reckless as to the fact that the statement was false or misleading, contrary to s 234(1)(d)(i) of the Act and that he pay to the plaintiff a penalty of $500; 4. the defendant be convicted of the offence of importing a prohibited import contrary to s 233(1)(b) of the Act and that he pay to the plaintiff a penalty of $5,000; 5. the charge that the defendant was in possession of prohibited imports contrary to s 233(1)9d) of the Act is dismissed; 6. the defendant is to pay the plaintiff's costs of these proceedings.

LEGISLATION CITED : Customs Act 1901 Criminal Code Act 1995 Wootten v Dickson [2002] NSWSC 439 CASES CITED : Wilson v Chambers and Company Pty Limited (1926) 38 CLR 131 CEO of Customs v Labrador Liquor Wholesale Pty Ltd 5 September 2003 HCA 49 PARTIES : Chief Executive Officer of Customs v Mourad El Sayed FILE NUMBER(S) : SC 21179/02 COUNSEL : F Gleeson - Plaintiff J M Atkin - Defendant SOLICITORS : Australian Government Solicitor - Plaintiff Colin Daley Quinn - Defendant