PARKER v COMPTROLLER-GENERAL OF CUSTOMS [2007] NSWCA 348

Appeal Outcome: Appeal dismissed 12 February 2009 [2009] HCA 7

New South Wales Court of Appeal

CITATION: PARKER v COMPTROLLER-GENERAL OF CUSTOMS [2007] NSWCA 348

HEARING DATE(S): 16, 17 October 2007

JUDGMENT DATE: 6 December 2007

JUDGMENT OF: Mason P at 1; Tobias JA at 2; Basten JA at 3

DECISION: Appeal dismissed with costs.

CUSTOMS – customs prosecutions – jurisdiction – whether civil or criminal jurisdiction – Customs Act 1901 (Cth), Part XIV

CUSTOMS – failure to comply with request for documents under Customs Act 1901 (Cth), s 214 – reasonable time for compliance with request for documents CATCHWORDS: EVIDENCE – exclusion of evidence – improperly or unlawfully obtained evidence – power to admit such evidence – discretionary considerations – Evidence Act 1995 (NSW), s 138

JURISDICTION – appeal from conviction for federal offence – whether brought under Supreme Court Act 1970 (NSW), s 101 or Criminal Appeal Act 1912 (NSW)

Acts Interpretation Act 1901 (Cth), s 26 Constitution (Cth), s 77 Crimes Act 1914 (Cth), s 10 Criminal Appeal Act 1912 (NSW), ss 5AA, 5B, Part 3 Criminal Procedure Act 1986 (NSW), ss 245, 246, Chapter 4, Part 5 Customs Act 1901 (Cth), ss 8, 33, 214, 234, 244, 245, 247, 248, 251, 252, 253, 254, 255, Part XIV, Schedule V Customs and Excise Amendment Act 1982 (Cth), s 62 LEGISLATION CITED: Customs Regulations, reg 171 Evidence Act 1995 (NSW), s 138 Judiciary Act 1903 (Cth), ss 68, 79, 80 Justices Acts Amendment Act 1900 (NSW), s 9 Justices Act 1921 (SA) Spirits Act 1906 (Cth), ss 2A, 4, 9, 22 Supreme Court and Circuits Act 1900 (NSW), s 18 Supreme Court Act 1970 (NSW), ss 75A, 101