The factors relevant to assessing the seriousness of attempted importation of firearms under s 233BAB(5) of the Customs Act 1901 (Cth) include: the number and nature of firearms, the quantity and nature of ammunition, the offender's intended use (sale on black market), motive of financial gain, degree of planning, and steps taken to disguise offending and avoid detection (including use of Dark Web and cryptocurrency). In controlled delivery cases, the impossibility of completion is relevant but does not negate the seriousness of the attempt. A sentence of 3 years 6 months' imprisonment (with a maximum of 10 years) was upheld for the attempted importation of five handguns and 100 rounds of ammunition via the Dark Web.
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