Full Court Minute Books

Case C3/2017

The Queen v. Holliday

Case No.

C3/2017

Case Information

Lower Court Judgment

26/08/2016 Supreme Court of the Australian Capital Territory (Court of Appeal) (Murrell CJ, Refshauge J, Wigney J)

[2016] ACTCA 42

Catchwords

Criminal law – Where respondent alleged to have incited the procurement of another person to commit the offence of kidnapping – Whether offence of incitement under Criminal Code 2002 (ACT) s 47 can be committed by inciting another person to procure a third person to commit an offence – Whether offence of incitement complete at the point of the urging – Whether Criminal Code 2002 (ACT) ss 45(2)(a) and 45(3) constitute a “limitation or qualifying provision” for purposes of s 47(5) such that offence of incitement not complete until offence of kidnapping committed.

Short particulars

Documents

10/02/2017 Hearing (SLA, Canberra v/link Sydney)

24/02/2017 Notice of appeal

17/03/2017 Written submissions (Appellant)

17/03/2017 Chronology (Appellant)

06/04/2017 Written submissions (Respondent)

20/04/2017 Reply

15/06/2017 Hearing (Full Court, Sydney)

06/09/2017 Judgment (Judgment summary)