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Customs and excise — smuggling — sentence — forfeiture of motor vehicle used in smuggling and forfeiture of goods — whether equitable — overall effect of sentence — intended use of goods — weight to be given.
Legislation — s 165 Customs and Excise Act [Chapter 177].
Where the value of a vehicle used for smuggling goods into the country greatly exceeds the value of goods smuggled for private family use, it may be excessively harsh and inequitable to order the forfeiture of the vehicle.
When determining the overall effect of sentence-namely the penalty, any order of forfeiture and summary judgment in respect of the unpaid duty-it is relevant to consider the intended use of the smuggled goods and the various allowances granted to returning residents.
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