He Kaw Teh v The Queen
He Kaw Teh v R (1985) 157 CLR 523 is a landmark Australian judgment of the High Court. The matter related to intent and mens rea and the role of strict liability offences.
Background
He Kaw Teh, the accused was convicted of two offences under section 233B(1)(b) and (c) of the Customs Act 1901 (Cth) by possessing and importing of 2.78kg heroin. At trial the court found that offences under these provisions were strict liability offences. The defendant maintained that he was unaware that he had the heroin in his possession (i.e. it was ‘planted’) and hence he should not be liable. He was convicted and sentenced to life imprisonment.
Finding
He Kaw Teh appealed his conviction to the High Court of Australia, who found for the appellant.[1]
The court found, taking precedent from Sherras v De Rutzen (1895),[2] that the prosecution needed to establish an intent in matters of significant criminality.
Gibbs CJ found that “it is unlikely that the Parliament intended the consequences of committing an offence so serious should be visited on a person who had no intention to do anything wrong and no knowledge that he or she was doing so.”[3]
Dawson J found similarly that “mistaken belief in facts which are inconsistent with the required intent does not have to be based upon reasonable grounds. Either the accused has a guilty mind or he does not, and if an honest belief, whether reasonable or not, points to the absence of the required intent, then the prosecution fails to prove its case.”[4]
References
- ↑ He Kaw Teh v The Queen (1985) 157 CLR 523
- ↑ Sherras v De Rutzen [1895] 1 QB 918 at 921.
- ↑ He Kaw Teh v The Queen (1985) 157 CLR 523 at 529-30 per Gibbs CJ
- ↑ He Kaw Teh v The Queen (1985) 157 CLR 523 per Dawson at 7.