R v Jacobs Group (Australia) Pty Ltd [2021] NSWSC 657
Hearing dates:
31 May 2021
Decision date:
09 June 2021
Jurisdiction:
Common Law
Before:
Adamson J
Decision:
(1) Jacobs Group (Australia) Pty Ltd is convicted of sequences 1, 2 and 3 on the further amended Court Attendance Notice.
(2) In respect of sequence 1, a fine of $67,500 is imposed.
(3) In respect of sequence 2, a fine of $54,000 is imposed.
(4) In respect of sequence 3, a fine of $1,350,000 is imposed.
Catchwords:
CRIMINAL PROCEDURE — Sentence proceedings — Reasons for sentence — Pronouncement of sentence
SENTENCING — Federal offences — Three offences of conspiracy to cause an offer of a bribe to a foreign official contrary to ss 11.5(1) and 70.2(1)(a)(iv) of the Criminal Code Act 1995 (Cth) — Relevant factors on sentence — Objectively serious and within the mid-range — Damage caused by corruption of public officials — Past and future assistance given by the company to authorities — Need for general and specific deterrence — General deterrence achieved by rewarding a self-reporting company who assists investigating and prosecuting authorities — The company’s self-reporting and its response to the offending suggests remorse and contrition, and a desire to set about its own rehabilitation — Consideration of delay
SENTENCING — Penalty for body corporate — Determination of the maximum penalty — The meaning of “benefit” in s 70.2(5)(b) of the Criminal Code Act 1995 (Cth) — Consistent with the legislative intention, benefit means net benefit — Discount for guilty plea, past assistance and an undertaking to provide future assistance
[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.
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AGLC
R v Jacobs Group (Australia) Pty Ltd [2021] NSWSC 657
Case
[2021] NSWSC 657
Decision Date
CaseChat Overview and Summary
The case involved the Jacobs Group (Australia) Pty Ltd, which was charged with three offences of conspiracy to offer a bribe to a foreign official, contrary to sections 11.5(1) and 70.2(1)(a)(iv) of the Criminal Code Act 1995 (Cth). The court was required to consider the appropriate sentence for the company and determine the maximum penalty. The legal issues included the relevance of the company’s self-reporting, its level of assistance to the authorities, and the appropriate discount for a guilty plea.
The court examined various factors in determining the sentence, including the seriousness of the offence, the extent of the corruption caused by the public officials, the company's past and future cooperation with the authorities, and the need for both general and specific deterrence. It was noted that the company's self-reporting and its efforts to assist the authorities suggested a degree of remorse and a commitment to rehabilitation. The court also considered the legislative intention behind the term "benefit" in section 70.2(5)(b) of the Criminal Code Act 1995 (Cth), concluding that "benefit" should be interpreted as net benefit. The court acknowledged the discount for the company’s guilty plea, its past assistance, and its commitment to future assistance, which influenced the sentencing decision.
The court determined that the appropriate sentence should reflect the objective seriousness of the offence, the need for general deterrence, and the mitigating factors presented by the company's cooperation and remorse. It applied a discount for the guilty plea and the company’s past and future assistance. Consequently, the maximum penalty was reduced, taking into account the legislative intention and the specific circumstances of the case. The court pronounced the final sentence, reflecting its comprehensive consideration of all relevant factors.