HIGH COURT OF AUSTRALIA
Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd and Ors
[2003] HCA 49
Gleeson CJ, McHugh, Gummow, Kirby and Hayne JJ
5 September 2003 - Canberra
Gleeson CJ. I have had the benefit of reading in draft the judgment of Hayne J. I agree with the orders proposed by his Honour and with his reasons.
2 As to the question of standard of proof, the statutory provisions invoked by the appellant in these proceedings refer to offences, guilt, conviction and punishment. To paraphrase what was said by McTiernan J in Mallan v Lee, [1] the legislative description of the conduct alleged, and of the orders which the appellant seeks, should be accepted at face value. That being so, the common law requires that the appellant should establish the elements of the alleged offences beyond reasonable doubt.
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