Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Jacobs Group (Australia) Pty Ltd [2023] NSWCCA 280 Hearing dates: On the papers Date of orders: 8 November 2023 Decision date: 08 November 2023 Before: Bell CJ; Walton J; Davies J. Decision: Remit the matter to a single judge of the Common Law Division for sentencing in accordance with R v Jacobs Group (Australia) Pty Ltd [2023] HCA 23.
Catchwords: SENTENCING – Resentencing – Powers of appellate court to remit for resentencing – where High Court made orders remitting the matter to the Court of Criminal Appeal for resentencing pursuant to s 5D of the Criminal Appeals Act 1912 (NSW) – whether s 12(2) of the Criminal Appeals Act 1912 (NSW) requires that remittal only occur where there is a positive reason why the Court of Criminal Appeal could not do justice in resentencing or which makes a trial court better suited to the resentencing exercise
Legislation Cited: Criminal Appeals Act 1912 (NSW) ss
Criminal Code Act 1995 (Cth) ss 11.5 and 70.2
Cases Cited: AW v The King [2023] NSWCCA 92
Baxter v R [2018] NSWCCA 28
BC v R (No 2) [2019] NSWCCA 142
Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25
BQ v R [2023] NSWCCA 34
Campbell v R [2018] NSWCCA 87
Hopoi v R [2014] NSWCCA 263
Munro v R [2006] NSWCCA 350
O’Neil-Shaw v The Queen [2010] NSWCCA 42
Pritchard v R [2007] NSWCCA 305
R v Jacobs Group (Australia) Pty Ltd [2022] NSWCCA 152
R v Pamplin [2001] NSWCCA 327
The King v Jacobs Group (Australia) Pty Ltd, Formerly Known as Sinclair Knight Merz [2023] HCA 23
Watson v R [2020] NSWCCA 215
Category: Procedural rulings Parties: The Crown (Appellant)
Jacobs Group Australia Pty Ltd (Respondent)Representation: Counsel:
G P Craddock (Appellant)
B Walker with N Kirby (Respondent)Solicitors:
Commonwealth Director of Public Prosecutions (Appellant)
Jones Day (Respondent)
File Number(s): 2018/154158 Publication restriction: N/A Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
- Date of Decision:
- 09 June 2021
- Before:
- Adamson J
- File Number(s):
- 2018/154158
JUDGMENT
-
THE COURT: On 3 September 2020, Jacobs Group (Australia) Pty Ltd (the Respondent), formerly known as Sinclair Knight Merz Pty Ltd, pleaded guilty to three offences of conspiring to cause a bribe to be offered to a foreign official, contrary to ss 11.5(1) and 70.2(1)(a)(iv) of the Criminal Code Act 1995 (Cth) (the Criminal Code).
-
The Respondent was sentenced in the New South Wales Supreme Court on 9 June 2021 at which time there was a dispute about the proper interpretation of the statutory formula for calculating the maximum penalty applicable for that offence contained in s 70.2(5). It provides that, where it is possible to determine the value of the benefit that a company has obtained from the offending, the maximum penalty is the greater of $11,000,000 or three times the value of…
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- Case
- [2023] NSWCCA 280
- Decision Date
CaseChat Overview and Summary
The court examined the statutory language and legislative history to understand the intent behind section 12(2). It considered whether the provision imposed an absolute requirement for a specific reason to exist before a remittal could occur or if it allowed for a more discretionary approach by the Court of Criminal Appeal. The analysis included looking at precedent cases and the practical implications of each interpretation. The court concluded that section 12(2) did not strictly mandate a positive reason for remittal but rather provided the Court of Criminal Appeal with the discretion to decide whether remittal was appropriate based on the circumstances of the case.
The court's reasoning led to the determination that the Court of Criminal Appeal had the authority to remit a case for resentencing without needing a specific positive reason, provided that such a decision was made in the interests of achieving a just outcome. This interpretation balanced the need for judicial efficiency and the importance of ensuring sentences are appropriately determined. The court's decision upheld the broad discretion granted to the Court of Criminal Appeal under the statute, allowing it to make informed decisions on remittal based on the unique facts of each case.
The final orders were that the matter was remitted to the Court of Criminal Appeal for resentencing, with the understanding that the Court could exercise its discretion in deciding whether to remit the case to a trial court or proceed with resentencing itself.
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