Reg v Denyer

This matter concerned an appeal by the Crown against a decision of the Full Court of the Supreme Court of South Australia, which had quashed a conviction entered against the respondent, Denyer, for an offence under s 233(1)(b) of the Customs Act 1901 (Cth). The respondent had been convicted in the District Court of South Australia of attempting to import a prohibited import, namely a quantity of cannabis, into Australia. The Crown's appeal to the High Court of Australia was brought pursuant to s 73 of the Constitution.

The central legal issue before the High Court was whether the respondent's conduct amounted to an attempt to import a prohibited substance within the meaning of the Customs Act. Specifically, the court had to determine whether the respondent's actions, which involved arranging for the cannabis to be sent to him from overseas but not physically taking possession of it or bringing it into Australia himself, constituted a sufficient step towards the commission of the substantive offence to be considered an attempt.

Deane and Gaudron JJ, in their joint judgment, considered the principles of criminal attempt. They affirmed that an attempt requires proof of an intention to commit the full offence and the commission of an act that is more than merely preparatory to the commission of that offence. Their Honours found that the respondent's actions, while demonstrating an intention to import the cannabis, did not go far enough to constitute an attempt. The acts undertaken by the respondent were considered to be preparatory steps, and the substantive offence of importing would only have been committed upon the goods coming within the control of the respondent or the customs authorities in Australia. As the respondent had not reached the point of no return or taken any step that was immediately connected with the actual importation, his conduct fell short of an attempt.

The appeal by the Crown was dismissed.