A South Launceston man who illegally brought Tasers into Australia could face substantial costs if a application by the Australian Government Solicitor is successful.
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Simon James Alexander Probert, 32, pleaded guilty in January to charges of unlawful importation and a second charge of intentionally make or cause to be made a statement to an officer reckless as to the fact that the statement is false or misleading in a material particular.
The court heard that Probert landed at Tullamarine on a Thai Airways flight on June 2, 2016.
He filled out an incoming passenger card that asked for a declaration about certain goods, including sharp objects. He said he may have had scissors.
However, an X-ray of his bag indicated other items and a search found two slingshots, a trench knife and two Tasers.
He told officials he considered them to be toys, not weapons, and would use the slingshots on rabbits.
He said that he brought the Tasers so that he and a friend could film each other Tasering themselves.
On Tuesday, Australian Government Solicitor Susannah Madden made an application that Magistrate Simon Brown order that Probert pay the complainant's costs of $5111.24.
Ms Madden cited case law from NSW and Western Australia to support the application.
She said there had been significant costs in trying to serve Probert, first in Victoria and then in Tasmania. The court heard that a summons was issued for Probert to appear in a Victorian court, but he did not appear.
Defence counsel Fran McCracken conceded that Magistrate Simon Brown had the power to make a costs order under the legal convention that "costs follow the event".
However, she said cases cited by the prosecution were in an entirely different category to Probert's case.
"They were both large-scale cases with settlements in the millions," she said.
"There is nothing extraordinary about this case, nothing serious enough to warrant a costs order.
"We are dealing with an individual and a relatively minor matter."
However, Ms Madden responded saying that bringing in weapons was serious.
"Lying on an incoming passenger card is not insignificant," she said.
Ms McCracken said it was highly unusual for costs to be awarded in a criminal matter.
She conceded that there was some delay from her client but that a great deal of the delay [in the 2016 case coming to court] was because of the Customs Department.
In the January hearing, the court heard that maximum penalties for the charges were up to $210,000 for importing the goods and $52,500 for the false statement.
Ms McCracken said that Probert bought the items as a souvenir of his holiday.
"He and his housemate wanted to film each other being foolish but it was nothing more serious than that," she said.
"He accepts a level of recklessness about declaring the items and concedes he ought to have declared the trench knife."
Magistrate Simon Brown adjourned the case for sentence on March 16, at 2.15pm.
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Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
