The Kural line of authority on proof of intention by inferential reasoning applies to the statutory meaning of intention under Criminal Code (Cth) s 5.2 for the purposes of s 307.1(1) offences. A trial judge may direct a jury that awareness of the likelihood (in the sense of a significant or real chance) that concealed items were in luggage is a permissible path of inferential reasoning from which intention to import may be inferred, provided the direction makes clear that such awareness is not itself sufficient and the jury must still be satisfied beyond reasonable doubt that the accused meant to import the substance. The NSWCCA does not agree with the VSCA majority in Afford that the Kural reasoning is inapplicable to the separated elements of s 307.1, at least insofar as prohibited substances are concerned.
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