The King v. Batak

Lower Court Judgment

10/05/2024 Supreme Court of New South Wales (Court of Criminal Appeal) (Kirk JA, Wilson and Ierace JJ)

[2024] NSWCCA 66

Catchwords

Criminal law – complicity – accessorial liability – whether common law principles of complicity apply to offence of murder under s 18(1)(a) Crimes Act 1900 (NSW) – whether Court of Criminal Appeal erred in concluding it was error of law to permit constructive law to be left to jury on basis of accessorial liability – whether accessory before the fact to constructive murder an offence known to law in New South Wales – if so, whether mental element differs depending on whether act causing death coincides with physical elements of foundational offence of whether a distinct act.