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Judgment date
Case number
S287/2009
S288/2009
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords
Criminal law – Conspiracy - Fault element - Recklessness - Where appellants charged with conspiracy to deal with money where risk existed money would be used as instrument of crime - Whether charges bad in law because of inherent inconsistency in proving conspiracy where fault element of offence the object of conspiracy is recklessness - R v LK [2010] HCA 17.
Words and phrases – "conspiracy to commit an offence", "instrument of crime".
Criminal Code (Cth) – ss 5.4, 11.5, 400.3(2).