As summer approaches in Australia, ice-cream consumption sky-rockets.  However few would be aware that the importation of ice-creams from certain countries with more than 10% dairy product is a serious criminal offence.

Our client was charged with importing various ice-cream bars from Korea in 2011 following the outbreak of foot and mouth disease globally.  Prior, the importation of ice bars with more than 10% dairy was allowed provided the importer had a permit.  In 2010, following the disease outbreak globally, the restrictions were changed to totally prohibit the importation of those ice-creams.

Restricted ice-creams were imported into Australia over four separate occasions in 2011, with the ice-creams ultimately intercepted by the Australian Quarantine Service.

After a lengthy unexplained delay by the investigating authorities, our client was charged four years later with importing a prohibited item contrary to Section 67 of the Quarantine Act 1908.  The maximum penalty for this offence is 10 years imprisonment.

The matter ultimately proceeded to sentence in the District Court.  Various documentary evidence was tendered on behalf of our client, including material indicating that although the ice-cream bars were manufactured and imported from Korea, the milk originally used to manufacture those bars originated from Australia, New Zealand and the Netherlands. These three countries were all declared foot and mouth disease free zones.

The sentence court took into account this fact, in addition to our clients co-operation, prior good character, and the significant delay in prosecuting this matter.  Ultimately he received a suspended jail sentence and a fine.

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