Chief Executive Officer of the Australian Customs Service v Karam (No 2) [2013] NSWSC 33

Supreme Court New South Wales

Medium Neutral Citation: Chief Executive Officer of the Australian Customs Service v Karam (No 2) [2013] NSWSC 33 Hearing dates: 10 February 2012 Decision date: 01 February 2013 Before: McCallum J Decision: On the charges alleged in paragraphs 5 and 8 of the statement of claim, first defendant discharged upon his giving security without surety by recognizance that he will be of good behaviour for a period of three years. Second defendant convicted of the charges alleged in paragraphs 3, 4, 5, 6, 7 and 8 of the statement of claim and ordered to pay penalties as follows; on charge 3, a penalty of $2,000; on charge 4, a penalty of $10,000; on charge 5, a penalty of $2,000; on charge 6, a penalty of $73,029; on charge 7, a penalty of $7,866,885.32; on charge 8, a penalty of $1,000; second defendant ordered to pay half the costs of the proceedings. Catchwords: CUSTOMS - offences - penalties - smuggling - importation of prohibited imports - evasion of duty - large quantity of tobacco leaf - discretion to discharge on recognisance - application of minimum penalties Legislation Cited: Bankruptcy Act 1966 Civil Procedure Act 2005 Crimes Act 1914 (Cth) Customs Act 1901 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 CEO of the Australian Customs Service v Nabhan [2009] NSWSC 199 Chief Executive Officer of Customs v Coulton [2005] NSWSC 869 Chief Executive Officer of Customs v Jing [2007] NSWSC 1354 Chief Executive Officer of Customs v Pham [2006] NSWSC 1370 Chief Executive Officer of the Australian Customs Service v Karam & anor [2010] NSWSC 589 Chief Executive Officer of the Australian Customs Service v Karam [2011] NSWCA 224; (2011) 252 FLR 326 Cobiac v Liddy (1969) 119 CLR 257 Commissioner of Taxation v Baffsky [2001] NSWCCA 332; (2001) 192 ALR 92 Director of Public Prosecutions (Cth) v El Karhani (1990) 21 NSWLR 370 Kelton v Uren (1981) 27 SASR 92 L Vogel & Son Pty Ltd v Anderson (1968) 120 CLR 157 Nelson v Quinn [2001] WASCA 297 Pearce v R [1998] HCA 57; (1998) 194 CLR 610 R v Rivkin [2004] NSWCCA 7; (2004) 59 NSWLR 284 R v Weller (1988) 37 A Crim R 349 Texts Cited: A Mason, "Mandatory Sentencing: Implications for Judicial Independence" (2001) 7(2) Australian Journal of Human Rights 21 G Brennan, "Mandatory Sentencing: Rights and Wrongs" (2001) 7(2) Australian Journal of Human Rights 3 Category: Sentence Parties: Chief Executive Officer of the Australian Customs Service (plaintiff) Ronnie Karam (first defendant) Dory Karam (second defendant) Representation: Counsel: LP Robberds QC (plaintiff) MJ Gollan (first defendant) P Lange (second defendant) Solicitors: Australian Government Solicitor (plaintiff) Galloways Solicitors & Attorneys (defendants) File Number(s): 2008/00289386 Publication restriction: None