Young v The Queen

Case [2016] VSCA 149


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2015 0183

DAVID WILLIAM YOUNG
V
THE QUEEN

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JUDGES: ASHLEY, WHELAN AND KAYE JJA
WHERE HELD: MELBOURNE
DATE OF HEARING: 20 June 2016
DATE OF JUDGMENT: 28 June 2016
MEDIUM NEUTRAL CITATION: [2016] VSCA 149
JUDGMENT APPEALED FROM: DPP v Young (Unreported, County Court of Victoria, Judge Parsons, 11 September 2015).

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CRIMINAL LAW – Customs offence – Customs Act 1901 (Cth) s 233BABAD(2) – Applicant convicted on one charge of defraud revenue and one charge of attempt to defraud revenue – Tobacco importation – Applicant freight forwarder alleged member of syndicate – Proof that applicant knew consignments contained tobacco – Proof that applicant knew of intention to defraud revenue – Circumstantial prosecution case – Inferences – Whether certain facts indispensable intermediate facts in prosecution case – Judge’s directions to jury – Jury Directions Act 2015 (Vic) ss 61, 62 – Whether provisions of Victorian Act precluded from application in trial of federal indictable offence by s 80 of Constitution (Cth).

SENTENCE – Total effective sentence of 24 months’ imprisonment to be released after serving 15 months on recognisance for a period of two years – Whether sentence manifestly excessive.

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APPEARANCES: Counsel Solicitors
For the Applicant Mr D Gurvich QC and Mr A Sim Mahons Lawyers
For the Respondent Mr P Doyle Solicitor for the Director Public Prosecutions (Commonwealth)
For the Attorney-General (Intervening) Mr R Niall QC (Solicitor-General) and Ms J Watson Victorian Government Solicitor

ASHLEY JA
WHELAN JA
KAYE JA:

  1. The applicant was found guilty by the jury, empanelled on his trial, of one charge of possessing goods, namely tobacco products, knowing that the goods were imported with intent to defraud the revenue contrary to s 233BABAD(2) of the Customs Act 1901 (Cth), and one charge of attempting to possess tobacco products, knowing that they had been imported with intent to defraud the revenue. He was acquitted of a third charge of attempting to possess goods, also tobacco products, knowing that the goods were imported with intent to defraud the revenue. He also pleaded guilty to a summary offence. It related to conduct that was quite different to the other offending, and no more need be said about it.

  1. Following a plea hearing, the applicant was sentenced on 11 September 2015 as follows:

Charge on Indictment Offence Maximum Sentence Cumulation
1 Attempt to possess goods, namely tobacco products, knowing that the goods were imported with intent to defraud the revenue [Criminal Code (Cth) s 11.1] 10 years Acquitted by jury
2 Possess goods, namely tobacco products, knowing that the goods were imported with intent to defraud the revenue [Customs Act 1901 (Cth) s 233BABAD (2)] 10 years 12 months To commence on 11 September 2015
3

Attempt to possess goods, namely tobacco products, knowing that the goods were imported with intent to defraud the revenue

[Criminal Code (Cth) s 11.1]

10 years 18 months To commence on 11 March 2016
Summary offence Recklessly making a…

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Young v The Queen [2016] VSCA 149
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[2016] VSCA 149
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CaseChat Overview and Summary

In the High Court of Australia, the case of Young v The Queen was presented, where the applicant contested his conviction on two charges related to defrauding revenue under the Customs Act 1901 (Cth). The charges stemmed from an alleged involvement in a syndicate that sought to import tobacco without paying the appropriate duties. The applicant, a freight forwarder, was found guilty of one count of defrauding revenue and one count of attempting to defraud revenue. The crux of the legal issues hinged on whether the prosecution had adequately proven that the applicant knew the consignments contained tobacco and was aware of the intention to defraud revenue. Additionally, the case delved into the interpretation and application of jury directions under the Jury Directions Act 2015 (Vic) in the context of a federal indictable offence, and whether these provisions were precluded by section 80 of the Constitution (Cth).

The court considered whether the judge's directions to the jury were appropriate and whether certain facts were indispensable intermediate facts in the prosecution's case. It was crucial to determine if the jury had been adequately guided in drawing inferences from the circumstantial evidence presented. Furthermore, the applicability of the Jury Directions Act 2015 (Vic) provisions in the trial of a federal offence was examined, considering the constitutional framework that might preclude state legislation from affecting federal trials. The court analysed whether the Victorian jury directions could be applied and if they were necessary to the prosecution's case, given the federal nature of the charges.

Upon reviewing the case, the High Court concluded that the jury's verdict was based on substantial evidence, and the judge's directions were appropriate. The court found that the necessary facts were sufficiently proven, and the application of the Jury Directions Act 2015 (Vic) was not precluded by the federal legislative framework. The sentence of 24 months' imprisonment, with 15 months to be served on recognisance, was deemed not manifestly excessive. The High Court upheld the conviction, affirming the lower court's judgment.

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