R v Brewer

The case of R v Brewer concerned Mervyn MacPherson Brewer, who was charged with an offence against the Commonwealth's Secret Commissions Act 1905. The charge alleged that Brewer gave a sum of £450 to William Ronald Ritchie, described as an agent and a person serving under the Crown in the Australian Defence Canteens Service, as a reward for aiding in obtaining contracts for MacRobertson Pty. Ltd. with the Crown. The jury returned a guilty verdict, but the trial judge reserved certain questions of law for the Full Court of the High Court of Australia.

The central legal issues before the Full Court were whether William Ronald Ritchie qualified as an "agent" within the meaning of the Secret Commissions Act 1905 at the time the payment was made to him, specifically whether he was a "person serving under the Crown." Additionally, the Court had to determine if the contracts obtained by MacRobertson Pty. Ltd. were indeed contracts "with the Crown." These questions hinged on the interpretation of the Act's definitions of "agent" and "principal," and the nature of the Australian Defence Canteens Service.

Latham C.J. and McTiernan J. held that the definition of "agent" in section 3 of the Secret Commissions Act 1905 did not encompass a person who had served under the Crown but was no longer serving at the time of the alleged offence. They reasoned that the phrase "a person serving under the Crown" in the definition of agent referred to a person currently serving, not one who had previously served. Consequently, giving a secret gift to such a former employee as a reward for past assistance in obtaining a Crown contract did not constitute an offence under the Act. Rich J. dissented.

The Court answered the reserved questions in the negative. Accordingly, the verdict of guilty was set aside, and a verdict of not guilty was ordered to be entered.