To establish the paragraph (a) element of the offence of aggravated people smuggling under s 233C(1) of the Migration Act 1958 (Cth), the prosecution must prove that the accused was aware that Australia was the intended destination of the journey. It is not sufficient to prove that the accused intended to take persons to a place which was, as a matter of law, part of Australia. Where the legal status of the target of prohibited conduct is an element of a Commonwealth offence and Parliament has not made express provision (by strict or absolute liability) relieving the prosecution of proving awareness of that status, the fault element applies to that matter of legal status.
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