The Queen v HollidayCitation:[2017] HCA 35Before:Kiefel CJ, Bell, Gageler, Nettle, Gordon JJDate:06 Sep 2017Case Number:C3/2017Read more

The Queen v HollidayCitation:[2017] HCA 35Before:Kiefel CJ, Bell, Gageler, Nettle, Gordon JJDate:06 Sep 2017Case Number:C3/2017Read more

The court held that the offence of incitement to procure an offence does not exist under the Criminal Code; incitement must relate to the commission of a principal offence, and procuring is a mode of participation, not a discrete offence.

Parties
Respondent: Unknown (Respondent); Applicant: Unknown (Prosecution)
Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Criminal / Judgment
Outcome
Appeal dismissed
Legal Topics
Incitement, Aiding and Abetting, Counselling or Procuring, Kidnapping
Criminal Law Incitement Aiding and Abetting Counselling or Procuring Kidnapping

Case Brief

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Parties

Unknown (Respondent)

Respondent

Unknown (Prosecution)

Applicant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the respondent intentionally urged another to procure a third person to commit kidnapping
  2. 2 Whether the offence of incitement to procure an offence exists under the Criminal Code
  3. 3 Whether aiding, abetting, counselling or procuring commission of a principal offence is a discrete offence

Ratio Decidendi

The court held that the offence of incitement to procure an offence does not exist under the Criminal Code; incitement must relate to the commission of a principal offence, and procuring is a mode of participation, not a discrete offence.

Court Disposition

Appeal dismissed

Orders

  • The charge of incitement to procure an offence is not known to law.
  • No further orders.