Reg v Rogerson

This matter concerned an application for special leave to appeal before the High Court of Australia. The applicant, Morris Enrico Nowytarger, was seeking to challenge a decision related to the offence of conspiracy to pervert the course of justice. The submissions focused on the elements the Crown must prove to establish such a conspiracy, particularly when the alleged conduct involves an agreement to provide information to the police.

The central legal issue was what constitutes a "course of justice" in the context of conspiracy to pervert its course, and what knowledge the accused must possess regarding the existence of a police investigation and potential criminal activity. Specifically, the court was asked to consider whether it is incumbent upon the Crown to prove that the accused were aware of facts that amounted to a crime, and that a police investigation into suspected criminal activity was underway at the time of the alleged agreement.

The submissions argued that established authorities, including English cases like *Thomas* and *Selvage*, and an Australian case, *Murphy*, indicate that a course of justice, at least in the form of a police investigation into suspected criminal activity, must be on foot. Furthermore, the accused must be aware of facts that might constitute a crime, and that such an investigation might lead to a prosecution. The court considered whether the mere covering of tracks, without explicit knowledge of a specific investigation or potential prosecution, would suffice to establish the offence.