25 May 2005
The magistrate's adverse credibility findings were permissible and the appellant failed to prove, on the balance of probabilities, the conjunctive elements of the statutory defences (including reasonable diligence), therefore the convictions were safe and must be upheld.
10 Aug 2001
The Court concluded the judge's 4-year starting point was plainly out of line with authority for s 18 offences involving unmanifested cargo; given the appellant's lack of proven knowledge that goods were stolen, his limited role and prevailing sentencing ranges, the appropriate sentence after trial was 2 years imprisonment, and the 4-year sentence was set aside and substituted accordingly.
23 Feb 2001
The magistrate erred in imposing custodial sentences because, on the facts, there was no loss of public revenue, the goods were not concealed and were not destined for high street retail, and the appellant was cooperative with a clear record; these mitigating circumstances made imprisonment inappropriate in this case, so the suspended prison terms were set aside.
30 Jun 1998
The appeal was allowed in part: the Court found the learned Magistrate had given undue weight to unproven triad involvement and improperly discounted the appellant's clear record due to non‑residency; having regard to the quantity of cargo, role as Master, and the guilty plea discount, the appropriate sentence on the first charge is seven months imprisonment.
6 Mar 1997
The Court upheld the trial judge's determination that the offences could be treated as organised crime and that, after applying a starting point and a two‑year organised‑crime enhancement given the high value of the vehicles and the nature of the offending, the resulting total sentence was not manifestly excessive; the application for leave to appeal was dismissed.
24 Dec 1987
The court held that an immediate custodial sentence was necessary to deter the unauthorised importation of meat that posed a public health risk, but that six months was excessive in the circumstances and a three month custodial sentence was sufficient and appropriate; concurrent lesser sentences were reduced accordingly.