Full Court Minute Books

Case M47/2023

The King v. Anna Rowan – A Pseudonym

Case No.

Case no M47/2023

Case Information

Lower Court Judgment

28/10/2022 Supreme Court of Victoria (Court of Appeal) (Kyrou, McLeish & Niall JJA)

[2022] VSCA 236

Catchwords

Criminal law – Defence of duress – Duress of circumstances – Where respondent charged with indecent act with children under 16, and incest – Where respondent mother of two complainants – Where respondent, at time of alleged offending, residing with partner ("JR"), father of complainants, who also convicted of sexual offences against complainants – Where respondent sought to raise defence of duress, relying on report recording JR's controlling behaviour towards, and physical and sexual abuse of, respondent – Where, during periods covered by alleged offences, defence of duress covered by common law and then s 322O of Crimes Act 1958 (Vic) – Whether law of duress applies in case of duress of circumstances, namely where accused has not been in receipt of specific threat enjoining them to engage in criminal act or suffer consequences, but accused still reasonably fears that if they do not commit criminal act they will suffer such consequences.

Documents*

16/06/2023 Hearing (SLA, Canberra and by video-connection)

26/06/2023 Notice of appeal

04/08/2023 Written submissions (Appellant)

04/08/2023 Chronology (Appellant)

01/09/2023 Written submissions (Respondent)

15/09/2023 Reply

14/11/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

14/11/2023 Outline of oral argument (Appellant)

14/11/2023 Outline of oral argument (Respondent)