English v The Queen

English was charged with aiding, abetting, counselling and procuring Nathan Allwright to import a border controlled drug. The Crown withdrew the original charge and replaced it with a charge of attempt. English applied for a permanent stay of the prosecution on the basis that the charge of attempt was manifestly foredoomed to fail. The Supreme Court was required to determine whether the evidence was sufficient to establish the offence of attempt and whether the charge of attempt was manifestly foredoomed to fail. The Court found that the evidence was sufficient to establish that English had agreed to accept delivery of a package containing a border controlled drug. The Court found that the agreement to accept delivery of the package constituted conduct that was more than merely preparatory to the commission of the offence of possessing a border controlled drug. The Court found that the charge of attempt was not manifestly foredoomed to fail. The application for a permanent stay of the prosecution was dismissed.

No orders were made.