Nicholas v The Queen

44. The applicant contends that Div 3 of Pt 1AB of the Crimes Act 1914 Cth (the Act) is invalid. Part 1AB was introduced by the Crimes Amendment (Controlled Operations) Act 1996 Cth (the Amending Act), following the decision of this Court in Ridgeway v The Queen [57] . In Ridgeway the Court held that evidence of the illegal importation of heroin by law enforcement officers should have been excluded on the grounds of public policy, with the consequence that the prosecution was unable to prove a necessary element of the offence charged. The main provision under attack is s 15X. The key words of that section provide that in determining whether evidence that narcotic goods were imported into Australia in contravention of the Customs Act 1901 Cth should be admitted:

the fact that a law enforcement officer committed an offence in importing the narcotic goods, or in aiding, abetting, counselling, procuring, or being in any way knowingly concerned in, their importation is to be disregarded. Certain conditions must be fulfilled before the section can operate [58] ; it is not in issue that the conditions were met. 1. (1995) 184 CLR 19. 2. The law enforcement officer must be acting in the course of duty and a request for exemption from scrutiny of the narcotic goods by Customs must have been granted. See pars (a) and (b) of s 15X.