MURPHY V. CAMPBELL BEAUMONT TRADING PTY. LTD. (IN LIQUIDATION) AND OTHERS; MURPHY V. CAMPBELL BEAUMONT TRADING PTY. LTD. (IN LIQUIDATION) AND OTHERS S55/1973 S56/1973

MURPHY V. CAMPBELL BEAUMONT TRADING PTY. LTD. (IN LIQUIDATION) AND OTHERS; MURPHY V. CAMPBELL BEAUMONT TRADING PTY. LTD. (IN LIQUIDATION) AND OTHERS S55/1973 S56/1973

Penalties and reparation were imposed based on strict liability for offences under s. 234(d) of the Customs Act; absence of intent, lack of negligence, and mitigating factors warranted double minimum penalties for third defendants and a somewhat higher penalty for second defendant. Reparation ordered under s. 21B of the Crimes Act for duty short paid.

Parties
Plaintiff: Murphy; First Defendant: Campbell Beaumont Trading Pty. Limited (in liquidation); Second Defendant: William Patrick Bond; Third Defendant in No. 55 of 1973: Universal Agencies Pty. Ltd.; Third Defendant in No. 56 of 1973: Ametco (Aust.) Pty. Ltd.
Jurisdiction
Australia
Judgment Date
16 August 1974
Procedural Posture
Civil / Judgment and Orders
Outcome
Declarations of guilt, imposition of penalties, orders for reparation, removal of dissolved defendant from record, leave to amend claim, no order as to costs.
Legal Topics
False Customs Entries, Penalties Under Customs Act, Reparation Under Crimes Act
Customs Law Criminal Law False Customs Entries Penalties Under Customs Act Reparation Under Crimes Act

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Parties

Murphy

Plaintiff

Campbell Beaumont Trading Pty. Limited (in liquidation)

First Defendant

William Patrick Bond

Second Defendant

Universal Agencies Pty. Ltd.

Third Defendant in No. 55 of 1973

Ametco (Aust.) Pty. Ltd.

Third Defendant in No. 56 of 1973

Procedural Posture

Civil / Judgment and Orders

Legal Issues

  1. 1 Whether second and third defendants were guilty of offences under s. 234(d) of the Customs Act 1901-1968
  2. 2 Appropriate penalties for offences under s. 234(d) of the Customs Act
  3. 3 Entitlement to reparation under s. 21B of the Crimes Act

Ratio Decidendi

Penalties and reparation were imposed based on strict liability for offences under s. 234(d) of the Customs Act; absence of intent, lack of negligence, and mitigating factors warranted double minimum penalties for third defendants and a somewhat higher penalty for second defendant. Reparation ordered under s. 21B of the Crimes Act for duty short paid.

Court Disposition

Declarations of guilt, imposition of penalties, orders for reparation, removal of dissolved defendant from record, leave to amend claim, no order as to costs.

Orders

  • Declare second-named defendant guilty of offences alleged in relevant paragraphs of statement of claim (No. 55 and No. 56 of 1973).
  • Declare third-named defendant guilty of offences alleged in relevant paragraphs of statement of claim (No. 55 and No. 56 of 1973).