The Queen v LK

Criminal law – Conspiracy - Fault element - Where respondents charged with having conspired to commit offence against s 400.3(2) of Criminal Code (Cth) ("Code") - Whether s 11.5(2)(b) of Code required prosecution to prove intention in relation to each physical element of substantive offence particularised as subject of conspiracy, even if fault element prescribed for substantive offence was lesser fault element, such as recklessness - Whether elements of conspiracy wholly contained within s 11.5(1) of Code - Relevance of common law offence of conspiracy to interpretation of Code.

Constitutional law (Cth) – Federal judicature - Trial by jury - Appeal against directed verdict of acquittal - Application of State law - Section 107 of Crimes (Appeal and Review) Act 2001 (NSW) ("State Act") provided right of appeal by Crown against directed verdict of acquittal - Whether, as matter of construction, s 68(2) of Judiciary Act 1903 (Cth) ("Judiciary Act") picked up and conferred, in relation to Commonwealth offences, federal jurisdiction in terms created by s 107 of State Act - Whether guarantee of trial by jury in s 80 of Constitution infringed by appeal pursuant to s 107 of State Act as picked up by s 68(2) of Judiciary Act against directed verdict of acquittal of indictable offence against Commonwealth law where appeal turned solely on question of law.

Words and phrases – "conspiracy", "conspires", "intended that an offence would be committed", "recklessness", "trial by jury".

Constitution – s 80.

Criminal Code (Cth) – ss 5.4, 11.5, 400.3(2).

Judiciary Act 1903 (Cth) – s 68(2).

Crimes (Appeal and Review) Act 2001 (NSW) – s 107.