Lower Court Judgment
4 October 2022 Supreme Court of Victoria (Emerton P, Kyrou and Forrest JJA)
Catchwords
Criminal law – Liability – Primary – Derivative – Where s 323(1)(c) of Crimes Act 1958 (Vic) provides that person is involved in commission of offence if person enters into agreement, arrangement or understanding with another person to commit offence – Where respondent jointly charged with co-offenders – Where respondent and co-offenders each found guilty by jury verdict, relevantly, of two charges of supplying drug of dependence to child (charges 1 and 2) (in relation to two complainants) and seven charges of sexual penetration of child under 12 (including charges 3, 7, 8 and 9) (in relation to one complainant) – Where Court of Appeal held respondent suffered substantial miscarriage of justice on charges 1, 2, 3, 7, 8 and 9, because jury not directed that it needed to be satisfied to criminal standard that respondent knew relevant complainants were under statutory prescribed age when respondent agreed with co-offenders that he would engage in criminal act – Whether, on proper construction, implied into s 323(1)(c) should be words "intentionally" and "knowing or believing facts that make proposed conduct offence".
19/05/2023 Hearing (SLA, Canberra by video-connection)
02/06/2023 Notice of appeal
07/07/2023 Written submissions (Appellant)
07/07/2023 Chronology (Appellant)
04/08/2023 Written submissions (Respondent)
21/08/2023 Reply
12/10/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
11/10/2023 Outline of oral argument (Appellant)
12/10/2023 Outline of oral argument (Respondent)
14/02/2024 Judgment (Judgment summary)
