R v Lucas [2023] NSWSC 1195

Supreme Court New South Wales

Medium Neutral Citation: R v Lucas [2023] NSWSC 1195 Hearing dates: 29 September 2023 Date of orders: 30 September 2023 Decision date: 16 October 2023 Jurisdiction: Common Law Before: Lonergan J Decision: The unanimity direction proposed by the accused will be given but will not include a requirement that the jury be unanimous as to the specific category of target for the terrorist act. Catchwords: CRIMINAL PROCEDURE – directions to the jury – preparatory acts – whether necessary to require the jury to be unanimous as to the "category of target" for the planned or prepared for terrorist act – Crown case particularised as based on course of conduct – Crown concedes unanimity required regarding at least two acts – whether "furtherance of" in that context requires the Crown to prove a relationship between the preparatory acts and the desired result – no such requirement Legislation Cited: Anti-Terrorism Act 2005 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Chapman v R (2013) 232 A Crim R 500; [2013] NSWCCA 91 Gould v R [2021] NSWCCA 92 Lane v R (2018) 265 CLR 196; [2018] HCA 28 Lodhi v R (2006) 199 FLR 303; [2006] NSWCCA 121 R v Pratten [2014] NSWCCA 117 Walsh v R (2002) 131 A Crim R 299; [2002] VSCA 98 Category: Procedural rulings Parties: Rex (Crown) Joshua Lucas (Accused) Representation: Counsel: R Ranken / A Payten (Crown) J Brock / P Ye (Accused)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Legal Aid New South Wales (Accused) File Number(s): 2020/00082674 Publication restriction: Nil