Mahendra v The Queen; Ahmad v The Queen

In *Mahendra v The Queen* and *Ahmad v The Queen*, the High Court of Australia considered appeals against convictions for conspiracy to import a commercial quantity of a border-controlled drug. The appellants, Mahendra and Ahmad, were convicted in the District Court of New South Wales, with their appeals to the Court of Appeal of New South Wales being dismissed. The central dispute revolved around the admissibility of certain evidence and the proper application of the law relating to conspiracy.

The High Court was required to determine whether the trial judge erred in admitting evidence of conversations between one of the appellants and a third party, which had been obtained through covert surveillance. A further issue was whether the trial judge had correctly directed the jury on the elements of the offence of conspiracy, particularly concerning the requirement for an agreement between two or more persons to do an unlawful act.

The Court held that the evidence obtained through covert surveillance was admissible, as it was relevant to establishing the existence of a conspiracy and the appellant's participation in it. The judges reasoned that the conversations provided direct evidence of the appellant's intention and agreement to import the drugs. Regarding the conspiracy charge, the Court affirmed that a conspiracy requires an agreement between at least two persons to pursue a common unlawful purpose. The jury directions were found to be adequate, as they conveyed the essential elements of the offence and the need for proof of an agreement beyond reasonable doubt.

The appeals were dismissed.