R v McKellar (No 3)

The case of R v McKellar (No 3) involved the prosecution of McKellar for an offence under the Crimes Act 1900 (NSW). The dispute centred on whether McKellar was guilty of dealing with the proceeds of crime, specifically under section 192F of the Act. The case was heard in the Supreme Court of New South Wales.

The court was tasked with determining the scope of the term "particular offence" in section 192F, particularly whether it referred to a specific criminal event or a distinct offence. The prosecution argued that the term referred to a particular criminal event, while McKellar contended it referred to a distinct offence. This distinction was crucial as it affected the burden of proof and the application of the verdict by direction.

In its reasoning, the court held that "particular offence" in section 192F referred to a distinct offence rather than a particular criminal event. This interpretation aligned with the legislative intent and avoided imposing an undue burden on the prosecution. The court further directed the jury to return a verdict of guilty based on this interpretation. Ultimately, McKellar was found guilty of the charge under section 192F of the Crimes Act 1900 (NSW).