The King v BatakCitation:[2025] HCA 18Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:07 May 2025Case Number:S148/2024Read more
The High Court determined that the Crown's argument, if accepted, would require affirmation of the order for a new trial, and that the interests of justice did not warrant revocation of special leave to appeal. The case was not an appropriate vehicle for the guidance sought by the Crown.
- Parties
- Appellant: The King; Respondent: Batak
- Jurisdiction
- Australia
- Judgment Date
- 07 May 2025
- Procedural Posture
- Criminal Appeal / Judgment on Special Leave to Appeal
- Outcome
- special leave to appeal revoked
- Legal Topics
- Accessorial Liability, Constructive Murder, Special Leave to Appeal, New Trial, Mental Element
Case Brief
Summary, issues, holding and outcome
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Parties
The King
Appellant
Batak
Respondent
Procedural Posture
Criminal Appeal / Judgment on Special Leave to Appeal
Legal Issues
- 1 Whether accessory before the fact to constructive murder is an offence known to law
- 2 Whether special leave to appeal should be revoked
- 3 Whether interests of justice warranted revocation of special leave to appeal
Ratio Decidendi
The High Court determined that the Crown's argument, if accepted, would require affirmation of the order for a new trial, and that the interests of justice did not warrant revocation of special leave to appeal. The case was not an appropriate vehicle for the guidance sought by the Crown.
Court Disposition
special leave to appeal revoked
Orders
- Special leave to appeal is revoked.
- The order for a new trial by the Court of Criminal Appeal is affirmed.
Full Case Text
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