The Kural/Saad/Pereira line of authority on inferring intention to possess narcotic goods from proof of belief in the likelihood of drugs being present applies to offences under s 233B of the Customs Act to which the Criminal Code (Cth) applies. Trial judges must direct juries that the inference of intention from proof of the requisite belief is a matter for the jury to draw, and must not direct that proof of belief automatically establishes the offence. However, an inadequacy in such directions is not a fundamental defect precluding application of the proviso.
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