The King v Anna Rowan – a Pseudonym

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, JAGOT AND BEECH‑JONES JJTHE KING  APPELLANTANDANNA ROWAN – A PSEUDONYM  RESPONDENTThe King v Anna Rowan – A Pseudonym[2024] HCA 9Date of Hearing: 14 November 2023Date of Judgment: 13 March 2024M47/2023ORDERAppeal dismissed.On appeal from the Supreme Court of VictoriaRepresentationC B Boyce KC with S C Clancy for the appellant (instructed by Solicitor for Public Prosecutions (Vic))P J Morrissey SC with C Mylonas for the respondent (instructed by Brown McComish Solicitors)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSThe King v Anna Rowan – A PseudonymCriminal law – Defences – Defence of duress – Where respondent charged with sexual offences committed against two of her daughters in presence of respondent's partner "JR" – Where, prior to trial, respondent sought to raise defence of duress – Where supporting evidence on voir-dire included daughters' evidence, forensic psychologist's report and tendency evidence concerning JR's threatening, violent and controlling behaviour – Where trial judge ruled no factual basis for duress – Where trial proceeded without duress being put to jury and respondent convicted – Where Court of Appeal of Supreme Court of Victoria found duress should have been put to jury – Whether Court of Appeal implicitly adopted doctrine of "duress of circumstances" instead of requirement there be threat to inflict harm if accused failed to commit acts charged – Whether Court of Appeal erred in concluding evidence was sufficient to raise defence of duress at common...