The King v. Batak
Case No.
S148/2024
Case Information
Lower Court Judgment
10/05/2024 Supreme Court of New South Wales (Court of Criminal Appeal) (Kirk JA, Wilson and Ierace JJ)
Catchwords
Criminal law – complicity – accessorial liability – whether common law principles of complicity apply to offence of murder under s 18(1)(a) Crimes Act 1900 (NSW) – whether Court of Criminal Appeal erred in concluding it was error of law to permit constructive law to be left to jury on basis of accessorial liability – whether accessory before the fact to constructive murder an offence known to law in New South Wales – if so, whether mental element differs depending on whether act causing death coincides with physical elements of foundational offence of whether a distinct act.
Documents*
07/11/2024 Determination
21/11/2024 Notice of appeal
06/02/2025 Written submissions (Appellant)
06/02/2025 Chronology (Appellant)
27/02/2025 Written submissions (Respondent)
06/03/2025 Reply
08/04/2025 Hearing (Full Court, Canberra)
08/04/2025 Outline of oral argument (Appellant)
08/04/2025 Outline of oral argument (Respondent)