Offence(s)
- Dishonestly Obtain Gain or Cause Loss to a Commonwealth Entity pursuant to s 135.1(3) of the Commonwealth Criminal Code 1995. Penalty: 10 years maximum imprisonment.
Relevant Legislation
Section 19AC of the Crimes Act 1914 provides for recognisance release orders.
Summary of the Facts
Our clients purchased large amounts of goods from duty-free stores and deposited the receipts at Melbourne Airport. However, the prosecution alleged that our clients did not take the goods out of Australia. As a result, the prosecution alleged that our clients avoided paying Customs Duty and GST without a proper basis.
Summary of the Outcome
First, the matter proceeded by way of a Sentence Indication. Under this process, the presiding Judge or Magistrate indicates the sentence they would likely impose if an accused person pleads guilty. After receiving the indication, our clients accepted the Judge’s proposed sentence and pleaded guilty.
As a result, the Judge made a Recognisance Release Order for each client. Under these orders, our clients received terms of imprisonment but could remain in the community while serving their sentences. However, they had to comply with certain conditions set by the Judge.
Importantly, a court can only make this type of order when dealing with Commonwealth offences.
Disclaimer
Please note that the above information does not constitute legal advice. If you have questions about a similar matter, please contact us for an obligation-free, face-to-face consultation.
