Chief Executive Officer of Customs v Pham [2006] NSWSC 1370

New South Wales Supreme Court

CITATION : Chief Executive Officer of Customs v Pham [2006] NSWSC 1370

HEARING DATE(S) : 11/9/06, 12/9/06, 13/9/06, 14/9/06, 15/9/06, 1/12/06

JUDGMENT DATE : 13 December 2006

JUDGMENT OF : Bell J at 1

DECISION : 1. Vinh Phat Pham (also known as Peter Pham) upon your conviction for the offence of evading payment of Customs duty payable in respect of the importation into Australia of 2,098,175 cigarette sticks contrary to s 234(1)(a) of the Customs Act you are ordered to pay a penalty of $1,000,000; 2. Vinh Phat Pham (also known as Peter Pham) upon your conviction for the offence of smuggling a quantity of cigarettes into Australia on or about 25 January 2001 contrary to s 233(1)(a) of the Customs Act you are ordered to pay a penalty of $200,000; 3. Vinh Phat Pham (also known as Peter Pham) upon your conviction for the offence that on or about 22 January 2001 you did knowingly make a statement to a Customs officer that was false or misleading you are ordered to pay a penalty of $100,000; 4. Vinh Phat Pham (also known as Peter Pham) upon your conviction for an offence of smuggling cigarettes into Australia contrary to s 233(1)(a) of the Customs Act on or about 30 January 2001 you are ordered to pay a penalty of $600,000; 5. Sung Chau Pham (also known as Linda Pham) upon your conviction for the offence of evading payment of Customs duty payable in respect of the importation into Australia of 2,098,175 cigarette sticks contrary to s 234(1)(a) of the Customs Act you are ordered to pay a penalty of $850,000; 6. Sung Chau Pham (also known as Linda Pham) upon your conviction for the offence of smuggling cigarettes into Australia on or about 25 January 2001 contrary to s 233(1)(a) of the Customs Act you are ordered to pay a penalty of $150,000; 7. Sung Chau Pham (also known as Linda Pham) upon your conviction for the offence that on or about 22 January 2001 you did knowingly make a statement to a Customs officer that was false or misleading you are ordered to pay a penalty of $75,000; 8. Sung Chau Pham (also known as Linda Pham) upon your conviction for an offence of smuggling cigarettes into Australia contrary to s 233(1)(a) of the Customs Act on or about 30 January 2001 you are ordered to pay a penalty of $600,000; 9. The defendants are to pay the plaintiff's costs of the proceedings.