Giorgianni v The Queen [1985] HCA 29

Giorgianni v The Queen [1985] HCA 29

Knowledge of the essential facts is required for conviction as a secondary party under s. 351 for strict liability offences, and mere recklessness or negligence is insufficient; the applicant's conviction was unsafe because the jury was not properly directed on this requirement.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Special Leave to Appeal and Appeal From Conviction
Outcome
Appeal allowed; conviction and sentence set aside; new trial ordered.
Legal Topics
['criminal Complicity' 'accessorial Liability' 'culpable Driving' 'knowledge Requirement' 'strict Liability Offences']
['criminal Law'] ['criminal Complicity' 'accessorial Liability' 'culpable Driving' 'knowledge Requirement' 'strict Liability Offences']

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Procedural Posture

Criminal Appeal / Special Leave to Appeal and Appeal From Conviction

Legal Issues

  1. 1 ['Can a person who aids, abets, counsels or procures culpable driving be convicted under s. 52A of the Crimes Act 1900 (NSW)?' 'Is knowledge of the essential facts necessary for conviction as a secondary party for a strict liability offence?' 'Is recklessness or negligence sufficient for conviction as a secondary party?']

Ratio Decidendi

Knowledge of the essential facts is required for conviction as a secondary party under s. 351 for strict liability offences, and mere recklessness or negligence is insufficient; the applicant's conviction was unsafe because the jury was not properly directed on this requirement.

Court Disposition

Appeal allowed; conviction and sentence set aside; new trial ordered.

Orders

  • ['Judgment of the Court of Criminal Appeal set aside.' 'Appeal to the Court of Criminal Appeal allowed.' 'Conviction and sentence set aside.' 'New trial ordered.']