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The word “import”, in certain jurisdictions , means “to bring or cause to be brought within” a
jurisdiction. Naturally, only those who actually effect the importation or cause the importation to

occur will be captured by the offence. Interestingly, whilst the definition of “import” is fairly

straightforward, proof of importation is a much more complex issue. In Esook Ali v. Carlos
Renwick (Customs & Excise Officer [Mag. App. No. 81 of 2001], the Court of Appeal of

Trinidad and Tobago opined:

“Importation is not very easy to establish in a criminal case, especially having

regard to the nature of the goods in this case. In some cases it may be very easy to
establish the question of importation. But where transactions of this nature takes

place of items such as parrots, birds and monkeys, it would be very difficult, if not
impossible, to get a classic textbook case of importation. And what the Courts and

what the Prosecution or the Customs would rely on basically is circumstantial
evidence, that is to say, where the incident took place, in what circumstances and

a number of other factors.”

Further, in the decision of The Attorney General of Hong Kong v. Tse Hung-Lit [1986] A.C

876, the Judicial Committee of the Privy Council considered the effect to be given to the word
“cause” in the kindred offence of attempting to export prohibited articles. In adopting the dicta of

the High Court of Australia in O’Sullivan v. Truth and Sportsman Ltd. (1957) 96 C.L.R 220, the
Board held that the word “cause”:

“…should be interpreted as confined to cases where the prohibited act is done on
the actual authority, express or implied, of the party said to have caused it or in

consequence of his exerting some capacity which he possesses in fact or law to

control or influence the acts of the other. He must moreover contemplate or desire
that the prohibited act will ensue.”

29 See Antigua and Barbuda: Section 2(1) of the Customs (Control and Management Act), Barbados:
Section 2(1) of the Customs Act, Dominica: Section 2(1) of the Customs Act, Grenada: Section 2(1) of the
Customs Act also includes an attempt, 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 also includes the contiguous zone, St.
Lucia: Section 2 of the Customs (Control and Management) Act, St. Vincent and the Grenadines: Section
2 of the Customs (Control and Management) Act and Trinidad and Tobago: Section 2 of the Customs Act

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