Lipohar v The Queen- Winfield v The Queen

In *Lipohar v The Queen* and *Winfield v The Queen*, the High Court of Australia considered appeals from convictions for offences under the *Crimes Act 1914* (Cth) relating to the importation of prohibited imports. The central dispute concerned the interpretation of the phrase "knowingly concerned in the importation" and the extent to which the prosecution was required to prove the accused's knowledge of the specific nature of the prohibited goods.

The High Court was required to determine whether the prosecution had to prove that the appellants had knowledge of the specific nature of the prohibited imports, or whether it was sufficient to prove that they knew they were importing goods of a kind that were prohibited. This involved an examination of the mens rea required for the offence, particularly the element of knowledge.

The Court held that the prosecution must prove that the accused knew that the goods imported were of a kind that were prohibited. It was not sufficient to prove that the accused knew they were importing goods and that those goods were prohibited; rather, the accused must have had knowledge of the character of the goods such that they were aware that they were of a prohibited kind. The Court reasoned that the ordinary meaning of the words "knowingly concerned in the importation of prohibited imports" required knowledge of the prohibited nature of the goods themselves.

The appeals were allowed, and the convictions were quashed.