The case confirms that police intervention at the very end of an importation process, where officers acted in good faith and without deliberate flouting of the law, does not preclude the exercise of discretion under s 138 of the Evidence Act 1995 to admit evidence of the completed importation. The elements of duress require evidence of an actual threat of death or serious injury, and general stories about what happened to others who failed to comply are insufficient. The question whether importation is complete when goods are brought into a non-proclaimed port with the intention of landing was left open.
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