Full Court Minute Books

Case S28/2013

Agius v. The Queen

Case No.


Case Information

Lower Court Judgment

24/05/2011 Supreme Court of New South Wales (Court of Criminal Appeal) (Tobias AJA, Johnson J, Hall J)

[2011] NSWCCA 119


Criminal law – Conspiracy – In 2001 the Crimes Act 1914 (NSW) s 29D dealing with the offence of conspiracy was repealed and replaced with the Criminal Code Act 1995 (Cth) s 135 – Whether proof of conspiracy under the Criminal Code Act 1995 (Cth) requires evidence of an agreement entered into after the Code began operation on 24 May 2001 – Whether the Criminal Code Act 1995 (Cth) can apply retrospectively to an agreement entered into before 24 May 2001 – Whether physical element of conduct constituted by a conspiracy can be “a state of affairs”.

Short Particulars


15/02/2013 Hearing (SLA, Sydney)

27/02/2013 Notice of appeal

26/03/2013 Written submissions (Appellant)

22/03/2013 Chronology (Appellant)

05/04/2013 Amended written submissions (Appellant)

12/04/2013 Written submissions (Respondent)

26/04/2013 Reply

30/04/2013 Hearing (Full Court, Canberra)

05/06/2013 Judgment  (Judgment summary)