Criminal practice – Trial – Adequacy of jury directions – Attempted importation of commercial quantity of border controlled drug – Fault element – Intent to import substance – Where respondent alleged to have facilitated customs clearance and delivery of consignment – Where consignment intercepted prior to departure – Where consignment contained border controlled drugs – Where trial judge directed jury it was "open" to infer intent to import substance if satisfied respondent perceived a real or substantial chance of substance being present in consignment – Whether jury directions amounted to miscarriage of justice – Whether real risk jury would conclude respondent's awareness of that real or significant chance sufficient to establish intent.
Words and phrases – "attempt", "aware of", "beyond reasonable doubt", "border controlled drug", "conditional intention", "directions", "fault element", "inference", "intended to import", "intention", "intention to import", "intermediate facts", "jury", "knowledge or belief", "link in a chain of reasoning", "material", "meant to", "miscarriage of justice", "nevertheless persisted", "only reasonable conclusion", "open to infer", "perceived", "physical element", "preliminary facts", "real or significant chance", "recklessness", "state of mind", "substance".
Criminal Appeal Act 1912 (NSW), s 6.
Criminal Code (Cth), ss 5.2, 5.4, 5.6, 11.1, 300.2, 300.6, 307.1, 311.1