Proof of the offence of aggravated people smuggling under s 232A(1) of the Migration Act 1958 (Cth) (and by extension s 233C) requires proof that the accused knew the intended destination was part of Australia. A direction that the Crown need not prove this knowledge is erroneous and gives rise to a miscarriage of justice. Where an appellant has served a large proportion of their non-parole period and would serve more than the non-parole period before a re-trial could occur, a re-trial should not be ordered and verdicts of acquittal should be entered.
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