HIGH COURT OF AUSTRALIA
GAGELER CJ,
GORDON, EDELMAN, GLEESON AND JAGOT JJTHE KING APPELLANT
AND
ROHAN (A PSEUDONYM) RESPONDENT
The King v Rohan (a pseudonym)
[2024] HCA 3
Date of Hearing: 12 October 2023
Date of Judgment: 14 February 2024
M33/2023
ORDER
1.Appeal allowed.
2.Set aside paragraphs 2 to 10 of the orders of the Court of Appeal of the Supreme Court of Victoria of 4 October 2022 and, in their place, order that the appeal against conviction is dismissed.
3.Remit the respondent's appeal against sentence to the Court of Appeal for rehearing.
On appeal from the Supreme Court of Victoria
Representation
E H Ruddle KC with J B Warren for the appellant (instructed by Solicitor for Public Prosecutions (Vic))
T Kassimatis KC with G F Connelly for the respondent (instructed by Greg Thomas Barrister & Solicitor)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
The King v Rohan (a pseudonym)
Criminal law – Appeal against conviction – Criminal liability – Statutory complicity – Where s 324(1) of Crimes Act 1958 (Vic) provided, "if an offence ... is committed, a person who is involved in the commission of the offence is taken to have committed the offence" – Where s 323(1)(c) of Crimes Act provided person is "involved in the commission of an offence" if person "enters into an agreement, arrangement or understanding with another person to commit the offence" – Where respondent convicted of offences of supplying drug of dependence to a child and sexual penetration of a child under 12 on basis of ss 323(1)(c) and 324(1) – Where prosecution relevantly alleged respondent and two co‑accused entered into agreement, arrangement or understanding to supply cannabis to two complainants (aged 11 and 12), and then sexually penetrate complainant (aged 11) – Where element of supply offence that child in fact be under 18 years of age – Where element of sexual penetration offence that child in fact be under 12 years of age – Where knowledge of age not an element of either offence – Whether prosecution required to prove that accused knew, at time of entering agreement, ages of complainants or that complainants were under specified age – Whether substantial miscarriage of justice resulted from failure to direct jury to be satisfied beyond reasonable doubt that parties to agreement knew ages of complainants – Whether fault element in Giorgianni v The Queen (1985) 156 CLR 473 applicable to s 323(1)(c) – Whether prosecution required to prove that accused knew or believed, at time of entering into agreement, essential facts that made conduct an offence, where knowledge or belief not an element of the offence itself.
Words and phrases – "accessorial liability", "agreement", "agreement, arrangement or understanding", "agreement to commit an offence", "complicity", "derivative liability", "essential facts", "group activity", "involved in the commission of an offence", "joint criminal enterprise", "primary liability", "statutory complicity".
Crimes Act 1958 (Vic), s 49A, Subdiv…
Continue reading R v Rohan (a pseudonym)
Sign in free to access the full text
- AGLC
- R v Rohan (a pseudonym) [2024] HCA 3
- Case
- [2024] HCA 3
- Decision Date
CaseChat Overview and Summary
The legal issue before the High Court was whether, for a person to be considered "involved in the commission of an offence" under section 323(1)(c) by entering into an agreement to commit an offence, the prosecution must prove that the accused knew the age of the victim, where such knowledge is not an element of the underlying offence. The offences for which Mr Rohan was convicted, namely supplying a drug of dependence to a child and sexual penetration of a child under 12, did not require proof of the offender's knowledge of the victim's age. The relevant legislation only required that the child be factually under the specified age.
The High Court reasoned that section 323(1)(c) does not require proof of the accused's knowledge of the victim's age when that knowledge is not an element of the offence itself. The Court found that the provisions concerning involvement in an offence, including section 323(1)(c), are designed to extend criminal liability to those who participate in criminal conduct through agreement, arrangement, or understanding, irrespective of whether they possess specific knowledge about ancillary facts that define the offence, provided those facts are met. The trial judge's direction to the jury, which did not require proof of Mr Rohan's knowledge of the children's ages, was therefore upheld.
The High Court allowed the appeal, setting aside the orders of the Court of Appeal of Victoria that had allowed Mr Rohan's appeal against conviction. The High Court ordered that Mr Rohan's appeal against conviction be dismissed. His appeal against sentence was remitted to the Court of Appeal for rehearing.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GAGELER CJ, GORDON AND EDELMAN JJ, GLEESON AND JAGOT JJ
Full text does not contain this section.