Background of the Smuggling Allegations
Brightstone Defence successfully acted for a client accused of unlawfully possessing over 1.2 tonnes of untaxed tobacco products, with an estimated street value exceeding $3 million. The charges involved alleged possession of more than 500 kilograms of illicit “Double Happiness” brand cigarettes. Under Australian customs law, this offence carries a maximum penalty of five years imprisonment and a fine of up to 1,000 penalty units (approximately $110,000).
After over 18 months of sustained legal efforts, the court accepted our arguments and dismissed all charges. Our client was acquitted of all wrongdoing.
Initial Police Encounter: A Breath Test Turned Criminal Investigation
The case began when our client, who was one of the passengers in a luxury vehicle, was stopped by police on a New South Wales highway under the pretext of a random breath test. Although the driver passed the test, officers continued to question all occupants and requested identification.
Despite finding nothing suspicious, the police cited the vehicle’s distinctive appearance and the passengers’ attire as justification to conduct a search. Our client, unaware of his legal rights and without a lawyer present, consented to the search.
During the search, police found two rental contracts for large trucks. They used this information to intercept one of the trucks on another highway, where they discovered approximately 1.2 tonnes of untaxed cigarettes. The client was arrested at the scene.
Challenging the Legality of the Police Search
The prosecution claimed that the stop was based on the car’s distinctive colour and the luxury appearance of the occupants. Brightstone Defence argued that the police had acted without reasonable suspicion and had instead relied on racial profiling, a breach of the Evidence Act 1995 (NSW), section 138.
This section gives courts the discretion to exclude improperly or unlawfully obtained evidence where its admission would undermine the fairness and integrity of the justice system.
Legal Strategy: Seeking Exclusion of Unlawfully Obtained Evidence
From the outset, our strategy focused on having the prosecution's evidence excluded rather than defending the charges on their merits. We submitted that:
- The police stop was not genuinely for breath testing, but a pretext for targeted investigation
- The search was conducted without reasonable suspicion or legal justification
- The officers’ decision-making was influenced by discriminatory profiling rather than any objective basis
Based on these grounds, we applied to have all evidence resulting from the search excluded from the proceedings.
Court Ruling: Evidence Excluded, All Charges Dismissed
In the District Court of New South Wales, the presiding judge accepted our arguments in full. In the court’s written judgment, the following findings were made:
- The police acted on the basis of preconceived assumptions and lacked lawful grounds to search the vehicle
- The suspicion was not objectively reasonable and was influenced by discriminatory views
- The court stated that “had the person in the car been a white businessman, the search would not have occurred”
- The conduct was described as “reprehensible,” with similar past cases warning against such policing methods
As a result, the evidence obtained from the initial vehicle search and the subsequent truck interception was ruled inadmissible. With no remaining evidence, the prosecution withdrew all charges, and the case was dismissed in its entirety.
Why Choose Brightstone Defence for Smuggling Allegations?
This case illustrates that effective legal defence goes beyond minimising penalties. It can uncover and challenge unlawful police conduct, potentially leading to the dismissal of serious criminal charges.
At Brightstone Defence, we have extensive experience representing clients in high-value smuggling and customs matters. Our lawyers understand the nuances of police procedure, evidence law, and the principles of procedural fairness. We are committed to protecting your rights and ensuring that no unlawful conduct is allowed to stand unchallenged.
Even in cases involving substantial physical evidence, if your legal rights were violated, we may be able to have that evidence excluded and the charges dismissed.
Frequently Asked Questions (FAQ)
- What are the penalties for possessing large quantities of untaxed cigarettes?
Possessing 500 kg or more of illicit tobacco can result in up to five years imprisonment and significant fines under Commonwealth law.
- Can police search my vehicle during a breath test?
Only if they have reasonable suspicion of other offences. Consent given without legal understanding may still be challenged in court.
- What happens if the court finds the police search was unlawful?
Evidence obtained through an unlawful search can be excluded under section 138 of the Evidence Act 1995, potentially resulting in charges being dropped.
Get Expert Defence for Smuggling and Customs Offences
If you or a loved one is facing serious criminal charges involving tobacco smuggling, tax evasion or customs offences, speak with Brightstone Defence today. Our experienced criminal lawyers provide strategic advice and robust defence tailored to your situation. We offer confidential consultations and work to achieve the best possible outcome — including withdrawal of charges where appropriate.
Contact us now to protect your future and uphold your rights.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
