Page 297 - Magistrates Conference 2019
P. 297

deposit of a sum of money or giving of security for the duties, as provided by law, or,
                           in the case  of goods for which security by bond is required on the  exportation,

                           putting on board an aircraft or ship as stores or removal of such goods, the giving of
                                          25
                           such security.”


               In jurisdictions like Antigua and Barbuda and Grenada, the term “entered” simply means “that
                                                                                     26
               goods have been properly accounted for to the satisfaction of Customs”  and therefore is not as
               encompassing as counterpart jurisdictions.

                  Whether goods are “uncustomed goods” or have been “entered”, for the purpose of customs
                                                                          27
               offences, is a question of law and fact that in all jurisdictions  carries a reverse onus of proof on
               the defendant for establishing the proper payment of customs duty. In Mizel v. Warren [1973] 2
               All E.R. 1149,  the Court of Appeal, at page 1153, opined that “it is quite clear that if the

               respondent were trying to say that duty had been paid on this piece of jewellery, the onus would
               clearly lie on him under s 290(2)(a).”



                    5. SPECIMEN OFFENCES
               A. Importing a Prohibited Good

                                                                                                 28
                  The offence of importing  a “prohibited  good” is found in every jurisdiction , with the
               exception of St. Lucia and St. Vincent and the Grenadines, in the Caribbean region. The offence

               consists of two elements: (a) importation; and (b) the existence of a “prohibited good”.


               25   See  Barbados:  Section 2(1) of the Customs Act,  Guyana: Section 2 of the Customs Act,  Jamaica:
               Section 2(1) of the Customs Act, St. Kitts and Nevis: section 2 of the Customs Act and St. Lucia: Section
               2 of the Customs (Control and Management) Act. Notably in Trinidad and Tobago, there is the omission
               of the words “specification, or shipping bill”: Section 2 of the Customs Act.
               26  See Antigua and Barbuda: Section 2(1) of the Customs (Control and Management) Act and Grenada:
               Section 2 of the Customs Act
               27  See Antigua and Barbuda: Section 233 of the Customs (Control and Management) Act, the Bahamas:
               Section 307(5) of the Customs Management Act, Barbados: Section 223 (2) of the Customs Act, Belize:
               Section  125  of the Customs Regulation Act,  Dominica: Section  246(5)  of the Customs Act,  Grenada:
               Section 239 of the Customs Act, Guyana: Section 266  of the Customs Act, Jamaica: Section 250(1) of
               the Customs Act, St. Kitts and Nevis: Section 242(5) of the Customs Act, St. Lucia: Section 127(2) of the
               Customs (Control and Management) Act, St. Vincent and the Grenadines: Section 122 of the Customs
               (Control and Management) Act and Trinidad and Tobago: Section 256(1) of the Customs Act
               28   See  Antigua and  Barbuda: Section 95(1)(a) of the Customs (Control and  Management Act),  the
               Bahamas: Section 270(1)(a) of Customs Management Act, Barbados: Section 50(4) of the Customs Act,
               Belize: Section 112(1)(a) of the Customs Regulation Act, Dominica: Section 108(1)(a) of the Customs Act,
               Grenada: Section 101(1)(a) of the Customs Act, Guyana: Section 218(a) of the Customs Act, Jamaica:
               Section 210(1) of the Customs Act, St. Kitts and Nevis: Section 108(1)(a) of the Customs Act and Trinidad
               and Tobago: Section 213(a) of the Customs Act

                                                                                                  Page 8 of 21
   292   293   294   295   296   297   298   299   300   301   302