Pereira v The Queen

The case of *Pereira v The Queen* came before the High Court of Australia. The applicant, Margaret Anne Pereira, sought special leave to appeal against a decision of the Court of Criminal Appeal. The core of the dispute concerned the trial judge's decision to allow the case to go to the jury on the basis of wilful blindness, as well as the primary contention of the Crown.

The legal issues before the High Court included whether the trial judge erred in allowing the Crown's case to proceed on the grounds of wilful blindness, and whether the summing up provided to the jury regarding consciousness of guilt was adequate. The applicant argued that the trial judge's reasoning for permitting the wilful blindness aspect to be considered by the jury was insufficient, and that the summing up on consciousness of guilt was too brief.

The applicant's counsel contended that the trial judge's decision to allow the wilful blindness issue to proceed was based on a limited explanation, and that the summing up on consciousness of guilt, which commenced at page 72 of the appeal book, was also lacking in detail. The applicant's application for a verdict by direction at the close of the Crown case and after the defence evidence was based on the argument that there was no evidence of the applicant being knowingly concerned in the importation of goods or knowing the nature and quality of goods found in her possession, referencing the principles established in *Teh's* case. The trial judge, however, was satisfied that inferences could be drawn from the circumstances, including utterances that might indicate a consciousness of guilt, and therefore allowed the matter to proceed to a jury.