![handle is hein.journals/bondlr36 and id is 1 raw text is:
Is Knowledge Required? Analysing the
High Court of Australia's Decision in R v
Rohan
ARIEH HERSZBERG*
Abstract
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 ofthe
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 ofcriminalliability 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 ofcomplicitylaws,
reinforcing the attitude thatinvolvementin a criminal agreement
suffices for liability.
I Introduction
The High Court case of R v Rohan ('Rohan'), ' adjudicated on 14
February 2024, deals with significant legal questions surrounding
complicity in criminal offences, particularly under the Crimes Act 1958
(Vic).2 This case involved serious charges against Rohan and two co-
accused related to the supply of drugs and sexual offences against
minors. The High Court's decision provides crucial insights into
interpreting ss 323 and 324 of the Crimes Act 1958 (Vic), the requisite
* LLB (Hons). Former Editor of the Monash University Law Review and current research
assistant at Monash Law School to Professor Marilyn Pittard. The author thanks the reviewers
for their helpful advice.
[2024] HCA 3 ('Rohan'). It is noted that due to the sensitive case facts all names in the Rohan
decision are under pseudonyms: see, eg, JudicialProceedingsReportsAct1958(Vic) s 4(lA).
2 See generally McAuliffe v The Queen (1995) 183 CLR 108, 115-18 (Brennan CJ, Deane,
Dawson, Toohey and Gummow JJ; Gillard v The Queen (2003) 219 CLR 1, 11 [19] (Gleeson
CJ and Callinan J).](ViewImageLocal?handle=hein.journals/bondlr36&div=1&collection=&method=preview&ext=.png&size=3)
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