Director of Public Prosecutions v Saxon

The Director of Public Prosecutions appealed to the New South Wales Court of Appeal against a decision of the District Court which had quashed an indictment against the respondent, Saxon. The indictment alleged that Saxon had committed the offence of conspiracy to pervert the course of justice.

The central legal issue before the Court of Appeal was whether the evidence presented at the committal hearing was sufficient to establish a prima facie case that Saxon had conspired with others to pervert the course of justice. Specifically, the court had to consider whether the evidence, if accepted, could lead a reasonable jury to conclude that Saxon had entered into an agreement with another person with the common intention to do an act which would obstruct or defeat the course of justice.

The Court of Appeal, comprising Gleeson CJ, Samuels JA and Handley JA, reviewed the evidence and the relevant legal principles concerning conspiracy. Their Honours found that the evidence, when viewed in its totality, was capable of supporting a finding that Saxon had participated in an agreement to mislead the police and the courts. The court emphasised that the offence of conspiracy does not require proof of the actual commission of the intended unlawful act, but rather proof of the agreement to commit it. The court concluded that the District Court judge had erred in quashing the indictment, as there was sufficient evidence to go to a jury.

Consequently, the Court of Appeal allowed the appeal, set aside the order of the District Court quashing the indictment, and remitted the matter to the District Court with a direction that the indictment be reinstated.