Beckwith v R

(1976) 135 CLR 569
(1976) 12 ALR 333
(1976) 51 ALJR 247

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(Judgment by: Stephen J)

Between: Beckwith
And: the Queen

Court:

Judges: Gibbs J

Stephen JMason J
Jacobs J
Murphy J

Subject References:
Customs

Hearing date: 27 August 1976
Judgment date: 1 November 1976

Sydney

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Judgment by:
Stephen J

I would allow this appeal. In my view s. 237 has no application in relation to s. 233B. The two considerations relied upon for this conclusion in the reasons for judgment of Gibbs J., that is, the reference to attempts in s. 233B(1)(b) and the limited availability of the defences provided for by sub-ss. (1A) and (1B) of s. 233B, in my view require the two questions which have been stated to be answered in the negative. (at p578)