R v Hay; R v Cross

The respondents, Hay and Cross, were charged with attempted importation of a marketable quantity of a border-controlled drug under the Customs Act 1901 (Cth). The matter was heard in the High Court of Australia, which had to determine the appropriate interpretation of the term 'import' as it appears in the Act. The respondents were apprehended at Sydney Airport and found to be in possession of 7.3 kilograms of cocaine concealed in their luggage. The primary legal issue the court had to address was whether the respondents' actions constituted an attempt to import the drugs into Australia under the Customs Act.

The court held that the term 'import' in the Act should be given its ordinary and natural meaning, which includes any attempt to bring a border-controlled drug into Australia. The court emphasised that the term 'import' is not limited to the successful completion of the importation process but encompasses any attempt to bring the drug into the country. The court found that the respondents' actions, including the concealment of the drugs and their attempt to leave Australia with the drugs, constituted an attempt to import the drugs into Australia. As such, the respondents were guilty of the offence.

In light of the above, the court found the respondents guilty of the offence. The court dismissed the appeal and upheld the conviction of the respondents. The final orders of the court were to dismiss the appeals of Hay and Cross and to affirm their convictions for attempted importation of a marketable quantity of a border-controlled drug under the Customs Act 1901 (Cth). The respondents were sentenced to imprisonment terms of 12 years and 10 years and 3 months respectively.