Pulinggam v Regina (Commonwealth) [2006] NSWCCA 145

Pulinggam v Regina (Commonwealth) [2006] NSWCCA 145

Cards lacking any embossing, encoding, cardholder name, validity dates, or number, and not capable of being used as credit cards, are not capable of being found to be 'counterfeit credit cards' within s 233BAB of the Customs Act.

Parties
Appellant: Jesengar Pulinggam; Respondent: Regina (Commonwealth)
Jurisdiction
Australia
Judgment Date
10 May 2006
Procedural Posture
Criminal Conviction Appeal / Appeal From Conviction and Sentence Following Trial in District Court
Outcome
Appeal allowed; verdict of guilty quashed; verdict of acquittal directed.
Legal Topics
Importation of Prohibited Goods, Counterfeit Credit Cards, Statutory Interpretation, Directed Verdicts, Definition of 'counterfeit'
Criminal Law Importation of Prohibited Goods Counterfeit Credit Cards Statutory Interpretation Directed Verdicts Definition of 'counterfeit'

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Parties

Jesengar Pulinggam

Appellant

Regina (Commonwealth)

Respondent

Procedural Posture

Criminal Conviction Appeal / Appeal From Conviction and Sentence Following Trial in District Court

Legal Issues

  1. 1 Whether the cards imported by the appellant were capable of being found by the jury to be 'counterfeit credit cards' under s 233BAB of the Customs Act

Ratio Decidendi

Cards lacking any embossing, encoding, cardholder name, validity dates, or number, and not capable of being used as credit cards, are not capable of being found to be 'counterfeit credit cards' within s 233BAB of the Customs Act.

Court Disposition

Appeal allowed; verdict of guilty quashed; verdict of acquittal directed.

Orders

  • The appeal is allowed.
  • The verdict of guilty is quashed.