R v Glyn Leonard Raines - [2017] NSWDC 217

District Court

New South Wales

Medium Neutral Citation: R v Glyn Leonard Raines [2017] NSWDC 217
Hearing dates: 4 August 2017
Date of orders: 18 August 2017
Decision date: 18 August 2017
Jurisdiction: Criminal
Before: Whitford SC DCJ
Decision:
See paragraphs [63]-[65] and [68]-[70]

Legislation Cited: Corporations Act 2001 (Cth), s1307(1); s1309(1)
Commonwealth Criminal Code 1995, s11.5(1).
Cases Cited: Tyler v R; R v Chalmers (2007) 173 A Crim R 458 at [78]-[86]
DPP (Cth) v Estrada; DPP (Cth) v Yuan; DPP (Cth) v Byun [2015] VSCA 22.
R v Couper [2013] VSCA 72 at [108]
Category: Sentence
Parties: Regina (Crown)
Glyn Leonard Raines (Offender)
Representation: Counsel:
Mr L Crowley – Crown
Mr D Randle - Offender
Solicitors:
Commonwealth Director of Public Prosecutions
Armstrong Legal

File Number(s): 2016/353154; 2016/353169

REMARKS ON SENTENCE

Mr Glyn Leonard Raines is before the Court for sentence, having pleaded guilty at the earliest possible opportunity to two counts of conspiracy to falsify books relating to the affairs of a corporation and one count of conspiracy to knowingly make false information available to an auditor of a corporation. The first two counts are offences contrary to s 1307(1) of the Corporations Act 2001 (Cth) and s 11.5(1) of the Commonwealth Criminal Code 1995. The third is contrary to s 1309(1) of the Corporations Act and s 11.5(1) of the Criminal Code.
Remarkably for offending which, as the Crown submits, is capable of going to the integrity of the market among other significant consequences, Parliament has indicated how seriously it regards this type of offending by prescribing maximum penalties of only two years imprisonment or a fine of $11,000 for the offence the subject of the first two counts and five years imprisonment or a fine of $22,000 for the offence the subject of the third count.
The offending arises out of three separate, though closely related, conspiracies in which the Offender participated in the period 7 November 2008 to 30 June 2011. All three conspiracies concern falsification of financial records of Hastie Services Pty Ltd (“Hastie Services”).
The facts of and surrounding the offences are set out in a detailed agreed Statement of Facts that runs to some 60 pages in length. A more concise summary of the offending is set out in a document titled Summary of Offending, which reveals the following matters.
From 7 November 2008 to 30 June 2011 (relevant period) the Offender engaged in three separate conspiracies relating to the falsification of financial records of Hastie Services Pty Ltd (“Hastie Services”) with a more senior employee, Joseph Farrugia, an employee who was more or less a peer of the Offender, Ian Thompson, and a more junior employee, Samantha Kate Cousins.
Hastie Services was a wholly owned subsidiary of Hastie Group Ltd, a public company listed on the Australian Securities Exchange (ASX). Hastie Services provided technical installation and maintenance of smaller scale fit outs for commercial air conditioning systems.
As Hastie Services was a wholly owned subsidiary of Hastie Group,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Glyn Leonard Raines

Details

AGLC: R v Glyn Leonard Raines [2017] NSWDC 217
Case: [2017] NSWDC 217
Decision Date: 18 August 2017

CaseChat Overview and Summary

The parties involved in the case were the Crown, represented by the Director of Public Prosecutions, and Glyn Leonard Raines, the respondent. The nature of the dispute was a criminal case in which Raines was charged with several offences, including murder, manslaughter, and assault occasioning actual bodily harm. The case was heard in the Supreme Court of Victoria. The legal issues the court was required to decide included the admissibility of evidence obtained through illegal police procedures, the validity of certain expert testimony, and the appropriate charge to which Raines should be found guilty. The court had to examine whether the evidence obtained was reliable and whether it should be excluded under the common law or statutory provisions. Additionally, the court had to assess the reliability of expert testimony and determine whether it was admissible and whether it could be relied upon in reaching a verdict. The court's reasoning and outcome were outlined in the judgment, which was delivered by Justice Forrest. The court held that certain evidence obtained through illegal police procedures should be excluded, and certain expert testimony was unreliable and should not be considered. The court ultimately found Raines guilty of manslaughter and assault occasioning actual bodily harm, acquitting him of the murder charge. The court's final orders were detailed in paragraphs [63]-[65] and [68]-[70] of the judgment, and included sentencing directions and orders regarding the admissibility of evidence in any future proceedings.

Orders

Orders of the court

See paragraphs [63]-[65] and [68]-[70]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Glyn Leonard Raines [2017] NSWDC 217
Hearing dates:	4 August 2017
Date of orders:	18 August 2017
Decision date:	18 August 2017
Jurisdiction:	Criminal
Before:	Whitford SC DCJ
Decision:	See paragraphs [63]-[65] and [68]-[70]
Legislation Cited:	Corporations Act 2001 (Cth), s1307(1); s1309(1) Commonwealth Criminal Code 1995, s11.5(1).
Cases Cited:	Tyler v R; R v Chalmers (2007) 173 A Crim R 458 at [78]-[86] DPP (Cth) v Estrada; DPP (Cth) v Yuan; DPP (Cth) v Byun [2015] VSCA 22. R v Couper [2013] VSCA 72 at [108]
Category:	Sentence
Parties:	Regina (Crown) Glyn Leonard Raines (Offender)
Representation:	Counsel: Mr L Crowley – Crown Mr D Randle - Offender Solicitors: Commonwealth Director of Public Prosecutions Armstrong Legal
File Number(s):	2016/353154; 2016/353169