The King v Batak

Criminal practice – Particular offences – Accessory before the fact to constructive murder – Where foundational offence was attempted robbery armed with dangerous weapon – Whether accessory before the fact to constructive murder is an offence known to law.

High Court – Special leave to appeal – Where New South Wales Court of Criminal Appeal ("CCA") ordered new trial – Where Crown sought orders setting aside orders of CCA and dismissing respondent's appeal against conviction – Where Crown argued accessory before the fact to constructive murder is an offence known to law – Where Crown argued different formulation of mental element in CCA and High Court – Where Crown conceded acceptance of its argument required CCA's order for new trial to be affirmed – Whether special leave to appeal should be revoked – Whether interests of justice warranted revocation of special leave to appeal – Whether Crown in substance seeking guidance as to scope of retrial – Whether case ceased to be appropriate vehicle.

Words and phrases – "accessorial liability", "accessory before the fact", "accessory before the fact to constructive murder", "appeal against reasons", "appropriate vehicle", "armed robbery", "constructive murder", "derivative liability", "extended joint criminal enterprise", "foundational offence", "ground of appeal", "guidance", "gun", "high vis shirt", "interests of justice", "joint criminal enterprise", "jury", "jury direction", "knowledge of the act causing death", "mental element", "new trial", "no real dispute", "offence known to law", "primary liability", "revocation of special leave to appeal", "special leave to appeal", "state of mind", "trial judge's direction", "variation of orders".

Crimes Act 1900 (NSW) – ss 18, 346.