Barker v The Queen

The case of Barker v The Queen involves an appeal against the conviction of the appellant for attempting to possess a commercial quantity of a substance suspected to be a border controlled drug, unlawfully imported. The appeal was heard by the High Court of Australia, which was required to determine the legal issues surrounding the application of absolute liability to certain elements of the offence under the Criminal Code. The appellant contended that the trial judge erred in applying absolute liability to the element of the offence in s 307.8(1)(b) of the Criminal Code, which pertains to attempting to possess a commercial quantity of a border controlled drug.

The court considered whether absolute liability, which removes the need for the prosecution to prove mens rea, applies to the element of attempting to possess a commercial quantity of a border controlled drug as outlined in s 307.8(1)(b) of the Criminal Code. The court examined the language and structure of the relevant provisions, as well as the purpose of the legislation and the nature of the offence. The court held that absolute liability indeed applies to this element of the offence, as it is a strict liability offence intended to protect the community from the importation of dangerous substances.

In conclusion, the court found that the proposed grounds of appeal were hopeless and did not provide a valid basis for overturning the conviction. The High Court of Australia dismissed the appeal and refused the appellant leave to appeal. The conviction stands, and the appellant remains subject to the penalties imposed by the lower court.