QUESTION OF LAW RESERVED (NO 1 OF 2024)

This matter came before the Full Court of the Supreme Court of South Australia as a question of law reserved. The appellant was the Crown, and the respondents were individuals charged with offences under the *Criminal Law Consolidation Act 1935* (SA) (CLCA). The dispute concerned the interpretation of a provision within the CLCA relating to criminal organisations.

The court was required to determine whether the respondents, while present within a private motor vehicle on a public road, were considered to be in a "public place" for the purposes of the relevant section of the CLCA. This involved a consideration of the definition of "public place" as it applied to the circumstances of the respondents' presence on Vicks Road.

The court reasoned that while the appellant's interpretation of section 83GC(1) of the CLCA had textual support and was consistent with existing authority, its ultimate strength lay in its alignment with the purpose of the provision. The court concluded that the respondents were indeed in a public place, notwithstanding their presence within a private motor vehicle, because they were on Vicks Road. Consequently, both questions of law reserved for the court's determination were answered in the affirmative.