R v CAMPBELL, CAMPBELL & BAKA (No 2) [2007] NSWDC 168

R v CAMPBELL, CAMPBELL & BAKA (No 2) [2007] NSWDC 168

Section 307.14 of the Criminal Code Act (Cth) 1995 is not a 'special liability provision' for the purposes of s11.2(6) and does not apply to persons charged as aiders and abettors. Accordingly, the Crown must prove beyond reasonable doubt the belief or intention of the principal offender and cannot rely on the statutory presumption to establish an element of the offence against aiders and abettors. As the Crown conceded it could not do so, directed verdicts of acquittal are required for Mr Campbell and Mr Baka.

Jurisdiction
Australia
Judgment Date
07 August 2007
Procedural Posture
Criminal / Directed Verdict Application at Close of Crown Case
Outcome
Directed verdicts of acquittal for Mr Campbell and Mr Baka
Legal Topics
['aiders and Abettors' 'special Liability Provision' 'reversal of Onus of Proof']
['criminal Law'] ['aiders and Abettors' 'special Liability Provision' 'reversal of Onus of Proof']

Case Brief

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Procedural Posture

Criminal / Directed Verdict Application at Close of Crown Case

Legal Issues

  1. 1 ['Does the presumption in s307.14 Criminal Code Act (Cth) 1995 apply to aiders and abettors?' 'Is the Crown entitled to rely on s307.14 in prosecuting persons charged as aiders and abettors under s307.11?']

Ratio Decidendi

Section 307.14 of the Criminal Code Act (Cth) 1995 is not a 'special liability provision' for the purposes of s11.2(6) and does not apply to persons charged as aiders and abettors. Accordingly, the Crown must prove beyond reasonable doubt the belief or intention of the principal offender and cannot rely on the statutory presumption to establish an element of the offence against aiders and abettors. As the Crown conceded it could not do so, directed verdicts of acquittal are required for Mr Campbell and Mr Baka.

Court Disposition

Directed verdicts of acquittal for Mr Campbell and Mr Baka

Orders

  • ['Jury directed to acquit Mr Campbell and Mr Baka']