R v Liu [2024] NSWDC 321

District Court New South Wales

Medium Neutral Citation: R v Liu [2024] NSWDC 321 Hearing dates: 29-30 July 2024 Decision date: 30 July 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: It is an element of count two that at the time the Accused allegedly aided, abetted, counselled, or procured the commission of the alleged offence by Mr X, the Accused expected that Mr X, if he destroyed the messages, would be doing so with Mr X having the intention of preventing them from being used in evidence. Catchwords: CRIME – Federal offences – Elements of charge of "aid, abet, counsel, or procure the commission of any offence" in contravention of s 11.2(3)(a) of the Criminal Code Act 1995 (Cth) – Necessity for Crown to prove all the elements, including mental elements of underlying offence – Proper construction of "including all its fault elements" - Citigroup Global Markets Australia Pty Limited [2021] FCA 1345 considered and distinguished - Giorgianni v The Queen (1985) 156 CLR 473 remains good law and is consistent with the proper construction of s 11.2(3)(a) Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Blundell v The Queen [2019] NSWCCA 3 Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited [2021] FCA 1345 Giorgianni v The Queen (1985) 156 CLR 473 R v Spiteri-Ahern (No 11) [2017] NSWSC 1820 Thomas v. Lindop [1950] 1 All ER 966 Yorke v Lucas (1985) 158 CLR 661 Category: Procedural rulings Parties: Rex Chang Hong Liu (Accused) Representation: Counsel: N Evans (Crown)