Seriban v The Queen

The applicant, Seriban, sought an extension of time to appeal against his conviction for conspiracy to import a border controlled precursor. The appeal was heard by Riley CJ, Southwood and Hiley JJ. The Crown alleged that Seriban conspired with others to import pseudoephedrine into Australia by boat from Indonesia.

The legal issues before the Court concerned whether the trial judge had erred in several respects, leading to a miscarriage of justice. These grounds included alleged failures in jury directions regarding the principles established in *Liberato v The Queen*, specifically concerning the required mental element for the offence. The applicant also argued that the jury directions were incorrect in requiring only recklessness as to the substance being a border controlled precursor, when actual knowledge was necessary according to *The Queen v LK & RK*. Finally, the applicant contended that the jury should have been discharged due to the inadvertent introduction of prejudicial material concerning his prior imprisonment.

The Court found that none of the grounds of appeal were made out. Regarding the jury directions, the Court concluded there was no breach of the *Liberato* principles and no miscarriage of justice. The Court also determined that the direction on recklessness was not erroneous and that the introduction of prejudicial material was inadvertent and its potential prejudice was minor, not warranting a discharge of the jury.

Consequently, the Court refused the applications for an extension of time within which to appeal and for leave to appeal.