In a prosecution under s 232A(1) of the Migration Act 1958 (Cth), the intention and recklessness of a crew member may be proved by circumstantial evidence including the passengers' uniform belief as to destination, the actual course of the voyage, the nature and conditions of the vessel, the crew member's proximity to other crew members who must have known the destination, and the passengers' conduct in avoiding detection. Evidence of passengers' pre-embarkation travel arrangements is admissible as circumstantial evidence of the crew's awareness of the voyage's purpose, even where the accused crew member had no involvement in those arrangements.
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