Section 11.5(1) of the Criminal Code 1995 (Cth) does not require the prosecution to prove, as an element of conspiracy to import narcotic goods, that the accused agreed to import not less than the commercial quantity. The 'offence to which the conspiracy relates' is the offence of importing narcotic goods under s 233B(1)(b), not that offence plus circumstances of aggravation under s 235(2). Quantity remains a matter for the sentencing judge, not the jury, consistently with Kingswell, Meaton and Cheng.
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