The commission of an overt act pursuant to the agreement under s 11.5(2)(c) of the Criminal Code Act 1995 (Cth) is an element of the offence of conspiracy requiring jury unanimity, though failure to direct on this point will not occasion a miscarriage of justice where no overt act is disputed. Transcripts of telephone intercepts may properly be retained by the jury during trial and deliberations where there are sound practical reasons and appropriate directions are given that the transcripts are an aide-memoire, not evidence of their contents.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.