CEO of Customs v Pham [2006] NSWSC 1011

New South Wales Supreme Court

CITATION : CEO of Customs v Pham [2006] NSWSC 1011

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

JUDGMENT DATE : 4 October 2006

JUDGMENT OF : Bell J at 1

DECISION : 1. Vinh Phat Pham (also known at Peter Pham) and Sung Chau Pham (also known as Linda Pham) are each convicted of an offence that he/she did on or about 25 January 2001 at Sydney in the State of New South Wales, smuggle a quantity of cigarettes, namely 2,098,175 cigarette sticks, into Australia contrary to s 233(1)(a) of the Customs Act 1901 (Cth); 2. That Vinh Phat Pham (also known as Peter Pham) and Sung Chau Pham (also known as Linda Pham) are each convicted of an offence that on or about 22 January 2001 at Sydney in the State of New South Wales he/she did evade payment of duty which was payable in respect of the importation into Australia of 2,098,175 cigarette sticks contrary to s 234(1)(a) of the Customs Act 1901 (Cth); 3. Vinh Phat Pham (also known as Peter Pham) and Sung Chau Pham (also known as Linda Pham) are each convicted of an offence that on or about 22 January 2001 at Sydney in the State of New South Wales, he/she did knowingly or recklessly make a statement to a Customs officer that was false or misleading in a material particular by not declaring the goods contained in a shipping container in Entry for Home Consumption Number 1S.1019.0909P, contained a quantity of cigarettes, namely 2,098,175 cigarette sticks; 4. Vinh Phat Pham (also known as Peter Pham) and Sung Chau Pham (also known as Linda Pham) are each convicted of an offence that on or about 30 January 2001 at Sydney in the State of New South Wales he/she did smuggle cigarettes, namely, 2,099,750 cigarette sticks into Australia contrary to s 233(1)(a) of the Customs Act 1901 (Cth).