This case involved the trafficking of narcotics. The accused was indicted for importing at least 500 kg of cocaine from Brazil on Austrian-registered yachts, destined for unknown customers in Spanish or Portuguese territorial waters. The accused appealed to the Supreme Court, arguing that the Austrian courts lacked jurisdiction.

Held: Appeal dismissed.

Essentially, the appellant misunderstands the legal implications regarding the registration of the yachts under the Maritime Shipping Act and complains that the legal registration of the yachts Khanya and Tayla at the Yacht Club of Austria, with their home port as Vienna/Austria, is unable to found domestic jurisdiction.

The appellant's argument that the fact that the crime scene was on the high seas should not be sufficient to criminalise the offence under Austrian law once again misunderstands the required legal basis. For the sake of completeness, it should be mentioned that if there is no criminal justice system at the scene of the crime, it is sufficient if the act - as here - is punishable under Austrian law (§ 65(3) StGB).

Whether the agreed handover point for the cocaine was on the 'high seas', or 80-100 nm off the coast of Brazil, does not affect any aspect of the case. According to arts 2, 3, and 55-57 of UNCLOS (to which Austria and Brazil are parties), the determined point of handover would in any event be outside Brazil’s sphere of sovereignty or jurisdiction.

The nullity complaint is therefore dismissed.