Where an indictment charges an accused as an accessory under s 11.2(1) of the Criminal Code but the Crown case is that the accused was the principal using an innocent agent under s 11.3, the reference to accessorial liability may be treated as mere surplusage and disregarded, leaving a valid charge of the substantive offence. In circumstantial drug importation cases, a jury is entitled to draw adverse inferences from an accused's failure to investigate the contents or provenance of a package carried into Australia on behalf of another, and from conduct at the airport consistent with deliberately avoiding carrying the package through Customs personally.
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