High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
Matter No S162/2009
THE QUEEN APPELLANT
AND
LK RESPONDENT
Matter No S163/2009
THE QUEEN APPELLANT
AND
RK RESPONDENT
The Queen v LK
The Queen v RK
[2010] HCA 17
26 May 2010
S162/2009 & S163/2009
ORDER
In each matter:
1. Appeal dismissed.
2. Appellant to pay the costs of the respondent except those occasioned by the respondent's notice of contention.
On appeal from the Supreme Court of New South Wales
Representation
T A Game SC with H K Dhanji for the appellant in each matter (instructed by Commonwealth Director of Public Prosecutions)
J S Stratton SC with P G Hogan and A M Webb for the respondent in S162/2009 (instructed by Hanby & Associates)
T E F Hughes QC with M R Gracie and B C Kasep for the respondent in S163/2009 (instructed by instructed by Mee Ling Solicitors)
Interveners
S J Gageler SC, Solicitor-General of the Commonwealth with G M Aitken and P McDonald intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
J G Renwick with G E Wright intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor (NSW))
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 Queen v LK
The Queen v RK
Criminal law – Conspiracy – Fault element – Where respondents charged with having conspired to commit offence against s 400.3(2) of Criminal Code (Cth) ("Code") – Whether s 11.5(2)(b) of Code required prosecution to prove intention in relation to each physical element of substantive offence particularised as subject of conspiracy, even if fault element prescribed for substantive offence was lesser fault element, such as recklessness – Whether elements of conspiracy wholly contained within s 11.5(1) of Code – Relevance of common law offence of conspiracy to interpretation of Code.
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