The King v Rohan (a pseudonym)Citation:[2024] HCA 3Before:Gageler CJ, Gordon, Edelman, Gleeson, Jagot JJDate:14 Feb 2024Case Number:M33/2023Read more

The King v Rohan (a pseudonym)Citation:[2024] HCA 3Before:Gageler CJ, Gordon, Edelman, Gleeson, Jagot JJDate:14 Feb 2024Case Number:M33/2023Read more

The prosecution is not required to prove that the accused knew the ages of the complainants at the time of entering into the agreement to commit the offences, as knowledge of age is not an element of the offences charged under the relevant statutory provisions.

Parties
Applicant: The Queen; Respondent: [Respondent Name Not Provided]
Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Statutory Complicity, Accessorial Liability, Agreement to Commit Offence, Criminal Liability, Supply of Drugs to Minors, Sexual Offences Against Children
Criminal Law Statutory Complicity Accessorial Liability Agreement to Commit Offence Criminal Liability Supply of Drugs to Minors Sexual Offences Against Children

Case Brief

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Parties

The Queen

Applicant

[Respondent Name Not Provided]

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether prosecution must prove accused knew ages of complainants when entering agreement to commit offence
  2. 2 Whether failure to direct jury on knowledge of ages resulted in substantial miscarriage of justice
  3. 3 Whether fault element in Giorgianni v The Queen applies to s 323(1)(c) of Crimes Act 1958 (Vic)

Ratio Decidendi

The prosecution is not required to prove that the accused knew the ages of the complainants at the time of entering into the agreement to commit the offences, as knowledge of age is not an element of the offences charged under the relevant statutory provisions.

Court Disposition

appeal allowed

Orders

  • Conviction restored
  • No requirement for prosecution to prove knowledge of age where not an element of the offence