SMUGGLED GOODS.

Auckland Star, Volume LV, Issue 169, 18 July 1924, Page 7

SMUGGLED GOODS.

AND A FALSE STATEMENT. ARRIVAL FROM CHINA. FINES OP £200 ENFORCED. The maximum penalty, a fine of £100 on each charge, was inflicted by Mr. J. j W. Poynton, S.M., at the Police Court i this morning in respect to two charges brought by the Collector of Customs against a recent arrival in Auckland from China. I Robert Light was charged- with smuggling ex the s.s. Marama from Sydney, certain goods, drapery, fancy goods, apparell and jewellery liable to duty, and of the approximate value of £947. He ■ was further charged with committing an offence against the Customs Act, 1913, by producing a false document with mii tent to defraud the revenue of Customs by evading payment of the full 'duty on certain brassware, of the apJ proximate value of £450. I The Collector of Customs (Mr. J. P. Ridings) prosecuted, and Mr. H. H. Ostler appeared for the defendant. ! With regard to the charge of smuggling, Mr. Ridings said that Light arrived by the s.s. Marama from Sydney on May 27 last. As another overseas vessel arrived the same day, causing the customs examining officers to experience a busy day, Mr. Ridings said that he was unable to produce evidence as to the examination of defendant's baggage, but the records showed that he declared about £3 worth of lamp shades. Later on defendant imported eight cases of brassware from China, and stated at the time that he did not have any invoices. Subsequently customs officers were compelled to search defendant's house, and they then discovered a lot of high class goods on which dutyjiad not been paid. Again no invoices were produced. The customs collector continuing, stated that he then issued a ecizuro note and a search warn.-*. Tha woods were valued at £947, and contained tickets bearing , defendant's own selling figur%. The duty on these goods was estimated at anything from £150 to £180. They were all from China and bore heavy duties, about from 35 to 40 per cent. Defendant frankly admitted to slr. Kidings that he brought the goods in nis luggage. A Determined Effort. Concerning the other charge, Mr. Ridings said that it seemed to be a serious and premeditated one where a false docu-1 ment was presented. In June defendant i imported the brassware from China, and then said that he did not have any invoices. He assured a Customs agent that ho paid £110 for the brassware in China. The goods were entered in a sight entry on a deposit of £50 in order to obtain the goods pending production of the invoices. Subsequently Light went !to a Customs agent and made a declaration. An entry was prepared, and it was explained to defendant by the agent. It was later destroyed as 10C2 Mexican dollars had be,en converted into 2/3, instead of 2/4}. Information came to tho collector's office that defendant was disposing of other stuff, and his officers : demanded a completion of the entry. , Three officers and the licensed Customs i agent went to defendant's place and J ■ executed a search warrant. As a result | jan invoice purporting to be a true and ■ only invoice for 1002 dollars was pro- : duced. On further search being made ;the goods which came under the smuggling charge were found, while an invoice showing 1740 dollars for the goods' true lvalue was unearthed. That amounted to 700 dollars more than what he stated. No doubt, said Mr. Ridings, in view of the discovery of these papers, and the ! production of the false document, defendant and made an absolute and determined attempt to defraud the revenue. Defendant a Poor Man. For the defendant, Mr. Ostler stated that he had resided in China for nearly 1 20 years, and in that country the Customs regulations were not so strict. However, counsel said that there was'no excuse for committing the offences. With regard to the charge of smuggling defendant took his baggage ashore, and when asked what he had to declare he handed them his keys. The bags were opened, and only a few pounds' worth of lamp shades were found. Tho total cost of the goods in his baggage was only worth £350, and not £047, as stated by the collector. Concerning the charge of producing a false document the facts were that defendant bought a number of things and received a receipt for 1740 dollars. It waa not quite as bad as Mr. Ridings had made out, and although there was an attempt to defraud the Customs, the amount was only a matter of £44. Speaking on the question of penalty, Mr. Ostler mentioned that when in China Mr. Light embarked every penny he possessed, land even borrowed money to buy the ! goods. On arrival at Auckland he had £70, and afterwards Bold £80 worth of ■the goods. His total wealth was the I sum of £77, which rested inthe Auckland (Savings Bank. If a penalty "of £100 was imposed in each case defendant would then be in a position where he would have to go to gaol. He could not payj ] such fines, if they were inflicted, and he 'could not realise on his goods because they were all seized by the collector. Mr. Ostler said that although one looked at I the intention, one also had to look at ! the way it would fall. Way of the Transgressor. Mr. Poynton: The way of transgression is made hard. Mr. Ostler: Yes, I admit the problem, but the law has to be merciful and vindicate itself. I ask, sir, that under the circumstances defendant should be fined £25 on each charge. He will be able to pay that much. The £77 is all he has in the world. Mr. Hidings: What proof have we that Mr. Light has no money in China? Mr. Ostler: Well, I'm prepared to put defendant in the box, and he will tell {you himself. j Mr. Poynton: Yes, but he has told one I lie about the goods. Could his word be relied on if he did go into the box? Mr. Hidings then stated that he was willing to see a small fine rather than see defendant go to gaol. Mr. Poynton: I don't think the Court could do anything other than impose a ! fine of £100 on each charge in this ease. Defendant will be convicted and fined £100, and costs 7/ on each charge. Mr. Ostler: All I can say sir then, ie that a criminal gets better treatment in thie Court, I Mr. Poynton: Where a man does ' something on ■ the spur of the moment and is afterwards sorry for it, but here is a nan who cornea from China and makes deliberate false statements. No, the fine will have to stand. ' ! Fourteen days were allowed in which to pay. i ! . The magistrate told Mr. Ostler that jan application could be made for the J reduction of tho fine to the Miniitgri i