Namoa v The Queen [2021] HCA 13 (14 April 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Criminal law (Cth) – Conspiracy – Where s 11.5(1) of Criminal Code (Cth) established offence of conspiracy – Where appellant charged with conspiring to do acts in preparation for terrorist act contrary to ss 11.5(1) and 101.6(1) of Criminal Code – Whether s 11.5 applies to spouses who agree between themselves, and no other person, to commit offence against Commonwealth law – Whether interpretation of s 11.5 of Criminal Code affected by any common law rule that spouses alone cannot conspire – Whether references in s 11.5 of Criminal Code to “person” and “another person” include two spouses – Whether meaning of “conspires” and “conspiracy” in s 11.5 of Criminal Code incorporates any common law rule that spouses alone cannot conspire.

Words and phrases – “another person”, “common law rule”, “conspiracy”, “conspires”, “doctrine of unity”, “person”, “single legal personality of spouses”.