The King v Ko [2026] HCA 29

The King v Ko [2026] HCA 29 concerned a conviction for attempting to import a commercial quantity of methamphetamine and phenylethylamine concealed in a dough mixer. The prosecution alleged Ko used his logistics experience to facilitate the consignment’s customs clearance and delivery. The key issue was whether jury directions improperly allowed awareness of a real or substantial chance that the consignment contained a substance to establish an intention to import it. By a five-to-two majority, the High Court held the directions risked conflating recklessness with intention, causing a miscarriage of justice. The Crown’s appeal was dismissed, leaving intact orders quashing the conviction and remitting the matter for retrial.