R v Barrett (No. 4) [2021] NSWSC 365

R v Barrett (No. 4) [2021] NSWSC 365

There is no requirement under s.249K(1)(a) and (2) Crimes Act 1900 (NSW) that the accused must have known the amount of gain at the time of making the demand; the offence contains only four elements and the proposed fifth element is not required.

Jurisdiction
Australia
Judgment Date
08 April 2021
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Defence application for jury direction based on asserted fifth element declined.
Legal Topics
['blackmail' 'elements of Offence' 'jury Directions']
['criminal Law'] ['blackmail' 'elements of Offence' 'jury Directions']

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ["Whether offence under s.249K(1)(a) and (2) Crimes Act 1900 (NSW) includes a fifth element requiring accused's knowledge of amount of gain at time of demand"]

Ratio Decidendi

There is no requirement under s.249K(1)(a) and (2) Crimes Act 1900 (NSW) that the accused must have known the amount of gain at the time of making the demand; the offence contains only four elements and the proposed fifth element is not required.

Court Disposition

Defence application for jury direction based on asserted fifth element declined.

Orders

  • ['The defence application to give directions to the jury based upon an asserted fifth element for the offence under s.249K(1)(a) and (2) Crimes Act 1900 is declined.']