Director of Public Prosecutions v Johanes Shirvanian

The case of Director of Public Prosecutions v Johanes Shirvanian was heard in the Supreme Court of Queensland, involving an individual accused of possessing and trafficking a large quantity of counterfeit goods. The defendant was found to have in his possession over 5,000 items, including clothing and accessories bearing counterfeit brand logos. The central issue before the court was whether these items constituted "goods in custody" under the relevant criminal statutes, which would imply an intent to deal with the goods in a manner that constitutes an offence.

The legal question was whether the mere possession of counterfeit goods, even in such large quantities, necessarily indicates an intent to traffic in them. The court had to determine if the mere holding of the goods could be considered as custody for the purposes of criminal liability, or if there was a need for additional evidence to prove an intent to distribute or sell the goods. The court also considered the definition and implications of the term "oppression" in the context of counterfeit goods possession.

The court held that possession of counterfeit goods, especially in large quantities, could indeed amount to "goods in custody" under the statute. The judge found that the sheer number of items, coupled with the nature of counterfeit goods, suggested an intent to traffic. The court rejected the defence's argument that mere possession without evidence of an intent to sell did not meet the threshold for criminal liability. The ruling emphasised the seriousness of counterfeit goods as a form of economic oppression, impacting legitimate businesses and consumers. This decision reinforced the importance of stringent measures against counterfeiting and trafficking. The final orders included the conviction of the defendant on all charges, with sentencing to be determined in a subsequent hearing.