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Defendant held to have contravened ss 117 and 119 of Excise Act 1901 (Cth) for possessing and unlawfully conveying manufactured excisable tobacco on which duty had not been paid; convictions recorded and penalties imposed of $1,199,618.06 pursuant to s 129 of the Act: White DCJ
QCA Interlocutory Judgment
[2005] QCA 464
09 Dec 2005
Commissioner ordered to file outline of argument by 16 January 2006 in defendant's appeal and pay defendant's costs of hearing: M McMurdo P
Appeal Determined (QCA)
[2006] QCA 108 [2006] 2 Qd R 316
13 Apr 2006
Defendant appealed; whether procedure at first instance caused miscarriage of justice given quasi-criminal character of proceedings; whether Commissioner bore burden of proving unlawfulness of conveyance under s 119; appeal allowed to the extent of setting aside declarations and convictions in respect of s 119 of the Act and reducing penalties against defendant by one half: M McMurdo P, Keane JA and Holmes J
Appeal Status
Appeal Determined (QCA)
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