Agius v. The Queen
Case No.
S28/2013
Case Information
Lower Court Judgment
24/05/2011 Supreme Court of New South Wales (Court of Criminal Appeal) (Tobias AJA, Johnson J, Hall J)
Catchwords
Criminal law – Conspiracy – In 2001 the Crimes Act 1914 (NSW) s 29D dealing with the offence of conspiracy was repealed and replaced with the Criminal Code Act 1995 (Cth) s 135 – Whether proof of conspiracy under the Criminal Code Act 1995 (Cth) requires evidence of an agreement entered into after the Code began operation on 24 May 2001 – Whether the Criminal Code Act 1995 (Cth) can apply retrospectively to an agreement entered into before 24 May 2001 – Whether physical element of conduct constituted by a conspiracy can be “a state of affairs”.
Documents
15/02/2013 Hearing (SLA, Sydney)
27/02/2013 Notice of appeal
26/03/2013 Written submissions (Appellant)
22/03/2013 Chronology (Appellant)
05/04/2013 Amended written submissions (Appellant)
12/04/2013 Written submissions (Respondent)
26/04/2013 Reply
30/04/2013 Hearing (Full Court, Canberra)
05/06/2013 Judgment (Judgment summary)