Garrett v Arthur Churchill (Glass) Ltd: QBD 1969

The respondent agreed to sell a significant antique glass vase to a purchaser in the US. The export would require an export licence. The purchaser instructed the defendant to hand the goblet to a third party who would export it illegally. The defendant appealed a conviction under the Act.
Held: A conviction required a positive answer to one question, namely whether the defendant was knowingly concerned in the exportation of goods with intent to evade the prohibition. The magistrates had failed to do this and the case was remitted. S290 did not transfer to the defendant the burden of proof as to establishing the requisite knowledge and intent.

Citations:

[1969] 2 All ER 1141, [1970] 1 QB 92, [1969] 3 WLR 6, [1969] 133 JP 509, [1969] 113 Sol Jo 381

Statutes:

Customs & Excise Act 1952 56(2) 290(2)

Customs and Excise

Updated: 29 April 2022; Ref: scu.188841