Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_
The High Court of Australia’s decision in _R v Rohan_ addresses critical aspects of complicity in criminal offences under the _Crimes Act 1958_ (Vic). The case involved Rohan and two co-accused charged with supplying drugs and committing sexual offences against minors. The primary legal issue was wh...
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| Format: | Article |
| Language: | English |
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Bond University
2024-08-01
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| Series: | Bond Law Review |
| Online Access: | https://doi.org/10.53300/001c.122470 |
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| author | Arieh Herszberg |
| author_facet | Arieh Herszberg |
| author_sort | Arieh Herszberg |
| collection | DOAJ |
| description | The High Court of Australia’s decision in _R v Rohan_ addresses critical aspects of complicity in criminal offences under the _Crimes Act 1958_ (Vic). The case involved Rohan and two co-accused charged with supplying drugs and committing sexual offences against minors. The primary legal issue was whether the prosecution needed to prove that the accused knew the victims’ ages to establish guilt under sections 323 and 324 of the _Crimes Act 1958_ (Vic). The High Court ruled that such knowledge was unnecessary, focusing instead on the agreement to commit the acts constituting the offence. This decision broadens the scope of criminal liability to include those involved in joint criminal enterprises, regardless of their awareness of specific details. The ruling has significant implications for prosecutorial strategies and the interpretation of complicity laws, reinforcing the attitude that involvement in a criminal agreement suffices for liability. |
| format | Article |
| id | doaj-art-da8a7042fff841e187932965d8b814d5 |
| institution | DOAJ |
| issn | 1033-4505 2202-4824 |
| language | English |
| publishDate | 2024-08-01 |
| publisher | Bond University |
| record_format | Article |
| series | Bond Law Review |
| spelling | doaj-art-da8a7042fff841e187932965d8b814d52025-08-20T03:08:32ZengBond UniversityBond Law Review1033-45052202-48242024-08-0136110.53300/001c.122470Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_Arieh HerszbergThe High Court of Australia’s decision in _R v Rohan_ addresses critical aspects of complicity in criminal offences under the _Crimes Act 1958_ (Vic). The case involved Rohan and two co-accused charged with supplying drugs and committing sexual offences against minors. The primary legal issue was whether the prosecution needed to prove that the accused knew the victims’ ages to establish guilt under sections 323 and 324 of the _Crimes Act 1958_ (Vic). The High Court ruled that such knowledge was unnecessary, focusing instead on the agreement to commit the acts constituting the offence. This decision broadens the scope of criminal liability to include those involved in joint criminal enterprises, regardless of their awareness of specific details. The ruling has significant implications for prosecutorial strategies and the interpretation of complicity laws, reinforcing the attitude that involvement in a criminal agreement suffices for liability.https://doi.org/10.53300/001c.122470 |
| spellingShingle | Arieh Herszberg Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_ Bond Law Review |
| title | Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_ |
| title_full | Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_ |
| title_fullStr | Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_ |
| title_full_unstemmed | Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_ |
| title_short | Is Knowledge Required? Analysing the High Court of Australia’s Decision in _R v Rohan_ |
| title_sort | is knowledge required analysing the high court of australia s decision in r v rohan |
| url | https://doi.org/10.53300/001c.122470 |
| work_keys_str_mv | AT ariehherszberg isknowledgerequiredanalysingthehighcourtofaustraliasdecisioninrvrohan |