Clark & Forge v The Queen

The appeal was against their convictions and sentences by the District Court of Western Australia. The appellants were convicted of various counts of dishonestly making improper use of their position as officers of a company in contravention of section 232(6) of the Corporations Law of Western Australia and of obtaining a financial advantage by a dishonest act in contravention of section 1317FA(1) of that law. They were sentenced to imprisonment. The appellants contended that the trial judge erred in admitting evidence of a criminal enterprise to which they were not shown to be connected. They also contended that the trial judge failed to direct the jury properly as to the use to which evidence of the criminal enterprise could be put and as to the particular knowledge, belief or intent alleged to have made the actions of the appellants dishonest. They also contended that the evidence was insufficient to support the verdict and that the sentences imposed were manifestly excessive.

The appeal against conviction turned on whether evidence of the criminal enterprise was admissible and, if so, whether there were errors in the trial judge's directions to the jury as to the use to which such evidence could be put and as to the particular knowledge, belief or intent alleged to have made the actions of the appellants dishonest. The appeal against sentence turned on whether the sentences were manifestly excessive. The Court concluded that evidence of the criminal enterprise was admissible. There were no errors in the trial judge's directions to the jury. The evidence was sufficient to support the verdict. The sentences were not manifestly excessive.

The appeal against conviction was dismissed. The appeal against sentence was dismissed.