High Court of Australia

The Queen v Holliday [2017] HCA 35

6 Sep 2017

Case Number: C3/2017


Kiefel CJ, Bell, Gageler, Nettle, Gordon JJ


Criminal law – Incitement – Aiding, abetting, counselling or procuring – Criminal Code 2002 (ACT), ss 45, 47 – Where respondent charged with offence of incitement – Where prosecution alleged that respondent intentionally urged another person to procure third person to commit offence of kidnapping – Where offence of kidnapping not committed – Whether respondent urged commission of offence – Whether offence of incitement to procure offence exists under Criminal Code – Whether aiding, abetting, counselling or procuring commission of principal offence a discrete offence.

Words and phrases – "discrete offence", "incitement", "incitement to incite", "incitement to procure", "principal offence", "substantive offence".

Criminal Code 2002 (ACT) – Pt 2. 4.

Criminal Code (Cth) – s 11. 4.

Crimes Act 1914 (Cth) – ss 5, 7A.

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