Comptroller-General of Customs v Manurung

Local Court

New South Wales

Medium Neutral Citation:

Comptroller-General of Customs v Manurung [2019] NSWLC 15

Hearing dates:

6 May 2019

Date of orders:

6 June 2019

Decision date:

06 June 2019

Jurisdiction:

Criminal

Before:

Huntsman LCM

Decision:

Both defendants are convicted and fines imposed as per the orders

Catchwords:

Prohibited imports, Russian military aircraft parts, s16A matters, financial circumstances of defendants; utilitarian value of pleas of guilty

Legislation Cited:

Crimes Act 1914 (Cth)

Customs Act 1901 (Cth)

Cases Cited:

Jinde Huang aka Wei Liu v R [2018] NSWCCA 70

Xiao v R [2018] NSWCCA 4

Mahdi Jahandideh v R [2014] NSWCCA 178

Wong v R (2001) 207 CLR 584; [2001] HCA 64

Wu v R [2016] NSWCCA 96

R v Doan (2000) 50 NSWLR 115; [2000] NSWCCA 317

Category:

Sentence

Parties:

Comptroller- General of Customs (Prosecution)
Doris Maulina Manurung (Defendant)
Aviation Spare Parts Pty Ltd (Defendant)

Representation:

Australian Government Solicitor, for the Prosecution
Ms Boyd, solicitor for Defendants

File Number(s):

2018/00389244
2018/00389221
2018/324235

Judgment

Background

1. Pleas of guilty were entered by both defendants, to a number of charges as detailed below, after some period of negotiation, and the matters were listed for sentence. The sentencing hearing consisted of evidence and submissions, by the defendants, and the Crown. Agreed facts were tendered. Both defendants were charged with Customs Act1901 (Cth) offences, in relation to offences arising in the course of the import and export of aircraft parts for Russian military aircraft. The two defendants are Aviation Spare Parts Pty Ltd (ASP), a registered company, trading in New South Wales; and Dorisma Manurung (Manurung). Manurung is the spouse of Gregory Skierka (Skierka), who is the sole director of ASP. Ms Manurung is also the Sales Manager of ASP and has the day-to-day control of the business activities of ASP. The background to this matter is well set out in the Statement of Agreed Facts tendered at the sentencing hearing, and states as follows.

2. ASP has been charged with, and pleaded guilty to, 7 counts of importing prohibited imports, namely Russian origin military aircraft parts, contrary to s 233(1)(b) of the Act. The offences span the period July 2015 to April 2017 and relate to 11 separate importations (described in the Court Attendance Notice as Goods 1 to Goods 11 respectively).

3. ASP has also been charged with, and pleaded guilty to, 1 count of causing a statement to be made to an officer of Customs that was false or misleading in a material particular, namely that goods for export were described as a 'Head Up Display', when in fact the good for export was a 'H019-02 A3 Transmitter', contrary to s243U(1)of the Act.

4. Manurung has been charged with, and pleaded guilty to, 7 counts of aiding, abetting, counselling or procuring, or being directly or indirectly concerned in the commission of offences against the Act by ASP, namely the 7 counts of importing prohibited imports, being Russian origin military aircraft parts (s 233(1)(b) read with s 236 of the Act).