Following the application of Chapter 2 of the Criminal Code Act 1995 (Cth), the offence of importing prohibited imports under s 233B(1)(b) of the Customs Act 1901 (Cth) comprises a single physical element of conduct, for which the default fault element is intention under s 5.6(1), not recklessness. Trial judges must direct juries on intention, not recklessness, though they may explain how intention can be proved by inferential reasoning including awareness of the likelihood that the thing imported contained narcotic goods. Where a trial judge fails to adequately direct on the reliability of key Crown witnesses whose evidence is critical to negating the accused's account, this may produce a miscarriage of justice even absent a request for a s 165 warning.
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