MAGISTRATES COURTS OF QUEENSLAND
CITATION:
Customs v Firmin [2010] QMC 5
PARTIES:
CHIEF EXECUTIVE OFFICER OF CUSTOMS
(complainant)
v
DEANE ROBERT FIRMIN
(defendant)
FILE NO/S:
MAG39719/10(0)
DIVISION:
Magistrates Courts
PROCEEDING:
Complaint
ORIGINATING COURT:
Magistrates Court at Brisbane
DELIVERED ON:
13 April 2010
DELIVERED AT:
Brisbane
HEARING DATE:
8 April 2010
MAGISTRATE:
Lee G
ORDER:
Sentence – fine $6500 – conviction recorded – costs $534.30
CATCHWORDS:
CRIMINAL LAW – COMMONWEALTH OFFENCE - Offence under section 233(1)(b) Customs Act 1914 – importation of Human Anabolic Androgenic Steriod for body building - appropriate sentence – section 19B Crimes Act 1914 or a fine with conviction recorded – two step process in considering exercising discretion under section 19B Crimes Act 1914
Crimes Act 1914 (Cth), s 16A, s 19B
Customs Act 1901 (Cth), s233(1)(b), s 233(1AA)(b), s 233(1AB)(b)
Customs Legislation Amendment (Criminal Sanctions and other Measures) Act (Cth) 2000
Customs (Prohibited Imports) Regulations 1956 (Cth),
r 5H, Schedule 8 (item 3C)Penalties and Sentences Act 1992 (Qld), s 12
Property Agents and Motor Dealers Act 2000 (Qld), s 57, s 58, s 75
Cobiac v Liddy (1969) 119 CLR 257, cited
Commissioner of Taxation v Baffsky [2001] NSWCCA 332; 192 ALR 92; (2001) 122 A Crim R 568, applied
Commissioner of Taxation v Doudle [2005] SASC 442, cited
Cummins v Duck [2009] ACTSC 20, cited
Lanham v Brake (1983) 34 SASR 578, cited
Morrison v Behrooz [2005] SASC 142; 155 A Crim R 110, cited
R v Abdullahi Mohamed Abdi [1994] QCA 402, cited
R v Hooper [2008] QCA 308, cited
COUNSEL:
C Zeilinga for the complainant
A Mc Guinness (solicitor) for the defendant
SOLICITORS:
Australian Government Solicitor for the complainant
Mc Guinness and Associates for the defendant
Deane Robert Firmin, licensed as a principal real estate agent[1], pleaded guilty through his solicitor in his presence to a charge under section 233(1)(b) of the Customs Act 1901 (Cth) (“the Act”) of importing into Australia a prohibited substance, namely, twenty 20ml bottles of Testosterone Propionate which is an anabolic and androgenic substance (AAS).
[1] Issued pursuant to the Property, Agents and Motor Dealers Act 2000 (Qld); see exhibit 12;
On 8 April 2010 I heard submissions from the legal representatives[2] of both parties on sentence and reserved my decision. On 9 April 2010 both legal representatives emailed further brief submissions to the effect that it is not suggested by the complainant that the total amount of liquid of 400ml in the twenty bottles was all active ingredient. I have directed those emails be placed on the court file.
[2]These are my reasons for judgement on sentence.
By complaint issued 17 February 2010 Mr Firmin was charged in the following terms:
On or about 21 June 2009, at Sydney in the State of New South Wales, Deane Robert Firmin did, contrary to section 233(1)(b) of [the Act] …and regulation 5H of the Customs (Prohibited Imports) Regulations 1956 (Cth) …import prohibited imports into Australia without permission,…
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- AGLC
- Customs v Firmin [2010] QMC 5
- Case
- [2010] QMC 5
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved interpreting the requirements of section 19B of the Crimes Act and applying them to the facts of the case. The court considered whether Mr Firmin met the criteria under sections 19B(1)(a) and (b), which would allow for orders other than a fine with conviction recorded. These criteria include the nature and circumstances of the offence, the offender’s background, and the impact of the offence on the community. The court also had to weigh the appropriate penalty for the importation of prohibited substances under the Customs Act.
The court found that the requirements under section 19B(1)(a) and (b) had not been met, primarily due to the nature and seriousness of the offence. Given this, the court exercised its discretion to impose a fine of $6,500, with a conviction recorded, and ordered Mr Firmin to pay additional costs of $534.30. The decision reflects the court’s consideration of the seriousness of the importation of anabolic steroids and the need for deterrence and punishment.
Orders
Orders of the court
Sentence – fine $6500 – conviction recorded – costs $534.30
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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