Ross and Anor v The Queen

The High Court of Australia considered an appeal by the applicants, Ross and another, against their convictions for offences under the *Crimes Act 1914* (Cth). The applicants had been found guilty of offences relating to the importation of prohibited imports and the possession of prohibited imports.

The central legal issues before the High Court were whether the trial judge had erred in admitting certain evidence, specifically evidence obtained through electronic surveillance, and whether the jury directions provided in relation to the elements of the offences were adequate. The applicants argued that the admission of the surveillance evidence was contrary to the principles of procedural fairness and that the jury had not been properly instructed on the necessary mental element for the possession offence.

The High Court analysed the provisions of the *Crimes Act 1914* (Cth) and relevant common law principles concerning the admissibility of evidence obtained by law enforcement agencies. Their Honours considered the scope of judicial discretion to exclude evidence, particularly where its prejudicial effect might outweigh its probative value. Furthermore, the Court examined the established legal tests for directing a jury on the requisite *mens rea* for possession offences, focusing on whether the prosecution had discharged its onus of proving knowledge or suspicion of the prohibited nature of the goods.

The High Court allowed the appeal, quashed the convictions, and ordered a new trial.