The King v Rohan (a pseudonym) [2024] HCA 3

The King v Rohan (a pseudonym) [2024] HCA 3

For a person to be liable under s 323(1)(c) and s 324(1) of the Crimes Act 1958 (Vic), it is not necessary for the prosecution to prove that the accused knew the facts (such as the ages of complainants) which are not elements of the principal offence itself. The necessary fault is entry into an agreement to commit an offence, coupled with the state of mind required for that offence. Where knowledge of the complainant's age is not an element of the principal offence, it is also not a required element of statutory complicity under s 323(1)(c).

Parties
Appellant: The King; Respondent: Rohan (a pseudonym)
Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Criminal Appeal / Appeal From Court of Appeal of the Supreme Court of Victoria to High Court
Outcome
Appeal allowed
Legal Topics
Complicity, Statutory Interpretation, Liability for Group Activity, Accessorial Liability, Criminal Liability, Appeal Against Conviction
Criminal Law Complicity Statutory Interpretation Liability for Group Activity Accessorial Liability Criminal Liability Appeal Against Conviction

Case Brief

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Parties

The King

Appellant

Rohan (a pseudonym)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Court of Appeal of the Supreme Court of Victoria to High Court

Legal Issues

  1. 1 Whether s 323(1)(c) of the Crimes Act 1958 (Vic) requires the prosecution to prove that an accused knew the ages of child complainants when entering into an agreement to commit offences of supplying drugs to a child and sexual penetration of a child under 12
  2. 2 Whether failure to direct the jury on knowledge of the age of complainants resulted in substantial miscarriage of justice
  3. 3 Interaction and construction of ss 323(1)(c) and 324(1) of the Crimes Act 1958 (Vic), and whether the fault element in Giorgianni v The Queen applies

Ratio Decidendi

For a person to be liable under s 323(1)(c) and s 324(1) of the Crimes Act 1958 (Vic), it is not necessary for the prosecution to prove that the accused knew the facts (such as the ages of complainants) which are not elements of the principal offence itself. The necessary fault is entry into an agreement to commit an offence, coupled with the state of mind required for that offence. Where knowledge of the complainant's age is not an element of the principal offence, it is also not a required element of statutory complicity under s 323(1)(c).

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside paragraphs 2 to 10 of the orders of the Court of Appeal of the Supreme Court of Victoria of 4 October 2022.