High Court of Australia

Handlen v The Queen [2011] HCA 51

Paddison v The Queen

245 CLR 282

8 Dec 2011

Case Number: B26/2011 B27/2011

Before

French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ

Catchwords

Criminal law – Appeal - Jury misdirection - Application of proviso - Appellants in joint trial each convicted of multiple drug-related offences under Criminal Code (Cth) ("Code"), including two counts of importing commercial quantity of border controlled drugs into Australia contrary to s 307. 1 of Code ("importation offences") - Trial conducted on mistaken assumption that guilt of importation offences could be established by proof that appellants parties to joint criminal enterprise - Whether prosecution upon basis not known to law denied application of proviso under s 668E(1A) of Criminal Code (Q) - Whether directions to jury on "group exercise" distracted from real issues in trial of each count in indictment.

Words and phrases – "aids, abets, counsels or procures", "joint criminal enterprise", "proper conduct of trial", "proviso".

Criminal Code (Cth) – Ch 2, ss 11. 2, 307. 1.

Criminal Code (Q) – s 668E(1A).

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