For a conviction under s 233C of the Migration Act 1958 (Cth), the Crown must prove the accused knew the destination was a place known to the accused as Australia; knowledge that an Australian would have about the status of Ashmore Reef as part of Australia cannot be attributed to a foreign national without evidence. The Bench Book direction regarding an accused's exculpatory evidence on an essential element is not mandatory but is best practice where the accused gives evidence contradicting the Crown case on a critical element.
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