CRIMINAL LAW - Complicity - Aiding, abetting, counselling or procuring the importation of a prohibited import being a commercial quantity of narcotic - The elements of the offence - Whether it is sufficient to prove recklessness on the part of the accused as to whether the other person commits the offence of importation - Customs Act s.233B(1) - Criminal Code Act 1995 s.11.2

[3]

The Solicitor for the Commonwealth Office of Public Prosecutions

[4]

1 Ta Song Wong is indicted with the offence of importing a commercial quantity of heroin into Australia in breach of s.233B(1)(b) of the Customs Act 1901 (C'th). Each of the other accused persons is charged with aiding, abetting, counselling or procuring the commission of the offence of importing heroin into Australia.

[5]

2 The Criminal Code Act 1995 ("the Code") applies to the offences upon which the accused persons are indicted.

[6]

3 By Part 2.4 of the Code, under the heading "Extensions of Criminal Responsibility" the Code makes provision for "complicity and common purpose" in the following terms:

Parties

Applicant/Plaintiff:

# R

Respondent/Defendant:

Choi

R v Choi - [2005] VSC 32 - VSC 2005 case summary — Zoe