In a special hearing under the Crimes Act 1900 (ACT), the expression 'the acts which constitute the offence' requires proof of the mental element where knowledge is necessary to convert an otherwise innocent physical act into an offence; it is not sufficient to prove only the physical acts. Records of interview with an intellectually disabled accused who does not understand the caution should be excluded under s 90 of the Evidence Act 1995 (Cth) as unfair, and may also be excluded under s 137.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.