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Agius v The Queen

[2013] HCA 27
Case number
S28/2013
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Criminal law – Conspiracy – Where appellant charged with conspiracy to defraud Commonwealth contrary to ss 86(1) and 29D of Crimes Act 1914 (Cth) – Where appellant charged with conspiracy to dishonestly cause loss to Commonwealth contrary to s 135.4(5) of Criminal Code (Cth) ("Code") – Where both charges related to single scheme to defraud Commonwealth of taxation revenue – Where two charges necessary because of legislative change – Whether s 135.4(5) of Code required prosecution to prove appellant entered into agreement after commencement of provision – Whether "state of affairs" could be physical element of s 135.4(5) of Code – Whether being party to an existing agreement a "state of affairs" – Whether s 135.4(5) of Code given retrospective effect if offence satisfied by continuation of agreement formed before commencement of provision.

Words and phrases – "agreement", "conspiracy", "state of affairs".

Crimes Act 1914 (Cth) – ss 29D, 86(1) and 86(2).

Criminal Code (Cth) – ss 4.1, 4.2, 135.4(5) and 135.4(9).

Files
27.rtf (219.3 KB)
27.pdf (103.38 KB)