| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2015 0127
S CR 2015 0124
S CR 2015 0125
| THE QUEEN |
| v |
| ALEXANDER SEMAAN HANNA SEMAAN MEGAN BELJULJI |
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JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 4–8, 13, 15 April 2016 |
DATE OF RULING: | 15 April 2016 |
CASE MAY BE CITED AS: | The Queen v Semaan & Ors (Ruling 7) |
MEDIUM NEUTRAL CITATION: | [2016] VSC 170 |
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CRIMINAL LAW – Attempting to pervert the course of justice – Complicity based on agreement – Statutory complicity – Whether liability under s 323(1)(c) and s 324 of the Crimes Act 1958 requires proof of participation in the joint venture – Significance of abolition of requirement of presence by s 323(3) of the Crimes Act 1958.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms M Williams QC Mr N Hutton | Office of Public Prosecutions |
| For the Accused A Semaan | Mr M Sharpley | Valos Black & Associates |
| For the Accused H Semaan | Mr J Kelly | Matthew White & Associates |
| For the Accused M Beljulji | Mr D Cronin | Emma Turnbull Lawyers |
HIS HONOUR:
Hanna Semaan (‘Hanna’) and Megan Beljulji (‘Megan’) are both charged with two counts of attempting to pervert the course of justice. In short, the prosecution alleges that, in relation to criminal proceedings brought against Alexander Semaan (‘Alex’) for murder, Alex being Hanna’s brother and Megan’s fiancée, the two women improperly interfered with a witness and deliberately put police onto a false trail of evidence.
The prosecution puts its case against each accused on alternative bases in respect of each count. First, that each accused was a perpetrator. Second, and pursuant to s 323(1)(c) of the Crimes Act 1958 (the Act), that each accused was involved in the commission of each offence by reason of being a party to an agreement, arrangement or understanding to commit the offence.
The issue I have to decide is whether, in respect of the second basis, it is necessary for the prosecution to prove that the accused in question ’participated‘ in the joint venture.
Statutory complicity
The offences are alleged to have occurred between 2 December 2014 and 22 January 2015. Since 1 November 2014, the law of complicity in respect of state offences has been governed by Subdivision 1 of Division 2 of Part II of the Act (ss 323 to 324C). That Subdivision provides:
323 Interpretation
(1)For the purposes of this Subdivision, a person is involved in the commission of an offence if the person—
(a)intentionally assists, encourages or directs the commission of the offence; or
(b)intentionally assists, encourages or directs the commission of another offence where the person was aware that it was probable that the offence charged would be committed in the course of carrying out the other offence; or
(c)enters into an agreement, arrangement or understanding with another person to commit the offence; or
(d)enters into an agreement, arrangement or understanding with another person to commit another offence where the person…
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- Case
- [2016] VSC 170
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the statutory definition of complicity in the Crimes Act 1958, specifically section 323(1)(c) and section 324, necessitates proof that an accused participated in the joint venture. The defendants argued that their presence at the scene of the crime was not required to establish complicity, given the legislative changes abolishing the requirement for presence. The prosecution contended that despite the abolition of the presence requirement, participation in the joint venture remained a necessary element of complicity.
The court determined that the abolition of the requirement for presence did not eliminate the need to prove participation in the joint venture as an essential component of complicity. The court held that complicity in attempting to pervert the course of justice still requires proof that the accused actively participated in the joint venture. The court emphasised that complicity involves more than mere presence at the scene of the crime; it necessitates a shared intention and active involvement in the criminal activity. The court found that the statutory changes did not alter this fundamental requirement of complicity.
The appeal was dismissed, and the convictions of the defendants were upheld. The court's decision reinforces the principle that complicity in criminal law requires proof of active participation in the joint venture, even in cases where the requirement for physical presence has been abolished. This ruling clarifies the scope of complicity in the context of attempting to pervert the course of justice and provides guidance for future cases involving statutory complicity.
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