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DPP v Taleb [2020] VCC 1699

sentence — importing tobacco products with intention of defrauding revenue contrary to Commonwealth Customs Act 1901nature and circumstances — s16A(2)(a) — amount of revenue defrauded by substitution was $1,547,000 — offending was serious — role was necessary and important one — offender collected tobacco goods under bond and took them to others where illegal substitution was made — while offender was not organiser through dealings with customs broker offender knew what was being imported and was prepared to assist in smuggling large quantity of tobacco — common sense inference from involvement is to offender made or expected some financial gain — guilty plea — s 16A(2)(g) — guilty plea while late has high utilitarian value — community has been saved cost and inconvenience of trial — in times where jury trials have been suspended in Victoria for many months offender has facilitated course of justice to additional degree — rehabilitation — s 16A(2)(n) — living in state of uncertain suspense has caused offender considerable distress — by leading law-abiding life since offending offender has substantially if not fully accomplished rehabilitation — delay — prosecution was not responsible for delay and to large degree offender caused it themselves — delay is nevertheless significant mitigating factor — offences against revenue are not victimless crimes — because of potential financial rewards and difficulty of detection general deterrence is important — offender sentenced to 16 months’ imprisonment to be served by recognisance release order — s 6AAA — but for plea of guilty offender would have been sentenced to 18 months’ imprisonment to be released on recognisance after 8 months
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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