and Paul Dacre v The Queen , , Robert Cerantonio , the Queen , , Antonino Alfio Granata , the Queen , , Kadir Kaya , the Queen , , Murat Kaya , the Queen , , Shayden Jamil Thorne and the Queen

In the High Court of Australia, a case was brought against several defendants on charges related to a foreign incursion. The appellants, Dacre and Cerantonio, along with others, were charged under the Criminal Code Act 1995 (Cth) for various preparatory offences related to an alleged intention to engage in hostile activities in a foreign country. The prosecution faced challenges in providing specific details of the charges, which led to an interlocutory appeal to the High Court. The central issue before the court was whether the particulars provided by the prosecution were adequate to inform the defendants of the charges against them sufficiently and to ensure a fair trial, as required by the Criminal Procedure Act 2009.

The legal issues that the court had to resolve included the adequacy of the particulars provided by the prosecution in line with statutory requirements and the principles established in previous cases such as Lodhi v The Queen. The court considered whether the particulars met the threshold of providing 'reasonable information as to the nature of the charge' and whether they were sufficient for the defendants to prepare their defence. The court also examined the nature of the preparatory offences and whether the specifics given were adequate given the complexity of the charges. After careful deliberation, the High Court found that the particulars provided were sufficient under the circumstances, aligning with the legal precedents and statutory obligations.

The High Court ruled that the particulars given by the prosecution were adequate to inform the defendants of the charges and to ensure a fair trial. The court emphasised that the nature of the preparatory offences and the complexity of the case required a flexible approach in interpreting the statutory requirements. By applying the principles from Lodhi v The Queen and relevant sections of the Criminal Procedure Act 2009 and the Criminal Code Act 1995, the court concluded that the prosecution had met the necessary standards. As a result, the leave to appeal was refused. The court's decision underscored the importance of providing sufficient particulars to defendants in criminal cases, particularly in complex scenarios involving foreign incursions and hostile activities.