Adler v The Queen

The High Court of Australia heard an appeal by Ms. Adler against her conviction for various offences, including contraventions of s 1307 of the Corporations Act 1989 (Cth) and conspiracy to defraud. The prosecution alleged that Ms. Adler, along with others, engaged in a fraudulent scheme involving the manipulation of share prices and the misrepresentation of the company's financial position to investors.

The central legal issues before the High Court concerned the interpretation of the elements of the offences charged, particularly the requirement of dishonesty and the nature of the conspiracy. The Court was asked to consider whether the trial judge had adequately directed the jury on the concept of dishonesty as it applied to the Corporations Act offences and whether the evidence presented was sufficient to establish the conspiracy to defraud beyond a reasonable doubt. Further, the Court examined the admissibility and impact of certain evidence, including expert testimony and communications between the accused.

The High Court, in its joint judgment, affirmed the principles of criminal liability for corporate offences and conspiracy. The Court clarified that dishonesty, in the context of the Corporations Act, required a finding that the accused acted contrary to the ordinary standards of reasonable and honest people. Regarding the conspiracy charge, the Court reiterated that the prosecution must prove an agreement between two or more persons to carry out an unlawful purpose, with each conspirator intending to achieve that purpose. The Court found that the trial judge's directions on dishonesty were sufficient and that the evidence, when viewed in its totality, supported the jury's verdict on both the statutory offences and the conspiracy.

The High Court dismissed the appeal, upholding Ms. Adler's convictions.