Chief Executive Officer of the Australian Customs Service v Karam & Anor [2010] NSWSC 589

New South Wales Supreme Court

CITATION : Chief Executive Officer of the Australian Customs Service v Karam & Anor [2010] NSWSC 589

HEARING DATE(S) : 2, 3, 4, 5, 6, 9, 10 & 11 November 2009

JUDGMENT DATE : 4 June 2010

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

DECISION : (1) As against the first defendant, Mr Ronnie Karam, I find the offences charged in paragraphs 5 and 8 of the Statement of Claim proved. I find the offences charged in paragraphs 3, 4, 6 and 7 of the Statement of Claim not proved. (2) As against the second defendant, Mr Dory Karam, I find the offences charged in paragraphs 3, 4, 5 and 8 of the Statement of Claim proved. I find the offences charged in paragraphs 6 and 7 of the Statement of Claim not proved.

CATCHWORDS : Customs prosecutions - whether offences proved - elements of offences governed by parts of the Criminal Code - defence of mistake of fact.

Criminal Code LEGISLATION CITED : Customs Act 1901 (Cth) Evidence Act 1995 (NSW)

CATEGORY : Principal judgment

Browne v Dunn (1893) 6 R 67 Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd [2003] HCA 49; (2003) 216 CLR 161 CASES CITED : Gill & Anor v CEO of Customs [2001] NSWCCA 470; 126 A Crim R 324 He Kaw Teh v The Queen (1984-5) 157 CLR 523 Shepherd v R [1990] HCA 56; (1990) 170 CLR 573

Chief Executive Officer of the Australian Customs Service (Plaintiff) PARTIES : Ronnie Charles Karam (1st Defendant) Dory Karam (2nd Defendant)

FILE NUMBER(S) : SC 08/289386

Mr L. P. Robberds QC (Plaintiff) COUNSEL : Mr M. Gollan (1st Defendant) Mr G. Beauchamp (2nd Defendant)