The King v Anna Rowan – A Pseudonym [2024] HCA 9

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, JAGOT AND BEECH‑JONES JJ

THE KING APPELLANT

AND

ANNA ROWAN – A PSEUDONYM RESPONDENT

The King v Anna Rowan – A Pseudonym

[2024] HCA 9

Date of Hearing: 14 November 2023

Date of Judgment: 13 March 2024

M47/2023

ORDER

Appeal dismissed.

On appeal from the Supreme Court of Victoria

Representation

C B Boyce KC with S C Clancy for the appellant (instructed by Solicitor for Public Prosecutions (Vic))

P J Morrissey SC with C Mylonas for the respondent (instructed by Brown McComish Solicitors)

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 Anna Rowan – A Pseudonym

Criminal law – Defences – Defence of duress – Where respondent charged with sexual offences committed against two of her daughters in presence of respondent's partner "JR" – Where, prior to trial, respondent sought to raise defence of duress – Where supporting evidence on voir-dire included daughters' evidence, forensic psychologist's report and tendency evidence concerning JR's threatening, violent and controlling behaviour – Where trial judge ruled no factual basis for duress – Where trial proceeded without duress being put to jury and respondent convicted – Where Court of Appeal of Supreme Court of Victoria found duress should have been put to jury – Whether Court of Appeal implicitly adopted doctrine of "duress of circumstances" instead of requirement there be threat to inflict harm if accused failed to commit acts charged – Whether Court of Appeal erred in concluding evidence was sufficient to raise defence of duress at common law and under s 322O of Crimes Act 1958 (Vic).

Words and phrases – "defence of duress", "duress at common law", "duress of circumstances", "ongoing threat", "operative threat", "threat to inflict harm", "unstated demand".