'I Didn't Know it was Unlawful in the Criminal Sense' Not a Defence to Offences Against the Trade Marks Act 1995 (Cth): DPP (Cth) Reference No 1 of 2008

摘要

Must a person accused of importing goods bearing counterfeit trade marks know that his conduct is criminally wrong as opposed to civilly wrong? The Victorian Court of Appeal answered this question in the negative, but what an accused in fact must know remains unclear.rnOn 22 November 2007, a jury of 12 delivered verdicts of "not guilty" in Victoria's first trial on indictment for offences against the Trade Marks Act 1995 (Cth) (the Act).1 Section 148 of the Act creates the offences of intentionally exposing goods for sale, or importing goods into Australia, knowing or being reckless as to whether the goods have a registered trade mark falsely applied to them. HG had imported three shipping containers of goods from a Beijing company called TX, and placed some of those goods on display for sale.3 The indictment alleged that the goods were counterfeits. HG was presented with 34 counts for importing, and nine counts for exposing for sale goods bearing false trade marks contrary to ss.148 (d)(g) and (b) (g) of the Act.