| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. S CR 2011 0054
| THE QUEEN |
| v |
| MERVYN JACOBSON |
---
JUDGE: | Kaye J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 29 April 2014 | |
DATE OF RULING: | 2 May 2014 | |
CASE MAY BE CITED AS: | R v Jacobson (Ruling No 1) | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 188 | |
---
CRIMINAL LAW – Evidence – Conspiracy to take part in transactions contrary to s 1041A of the Corporations Act 2001 (Cth) – Application by prosecution to take evidence before trial from alleged co-conspirators – Criminal Procedure Act 2009 (Vic) s 198 – Objection by adult daughter to giving evidence against father – Evidence Act 2008 (Vic) s 18.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J Rapke QC and Mr C Winneke | Solicitor to the Director of Public Prosecutions (Cth) |
| For the Accused | Mr A Burns | Markotich Lawyers |
| For Mrs Tamara Newing | Mr N Clelland QC | Minter Ellison |
| For Mr Geoffrey Newing | In Person |
HIS HONOUR:
In this case, the trial has been fixed for hearing on 8 September next. The prosecution applies, under s 198(1) of the Criminal Procedure Act 2009 (Vic), to take evidence before the trial from two witnesses, namely, Tamara Newing (the accused’s daughter) and Geoffrey Newing (the accused’s son‑in‑law).
The accused is charged, on indictment, with two counts of conspiracy to take part, and 33 substantive counts of taking part, in transactions which had, or were likely to have, the effect of creating an artificial price for trading in financial products, contrary to s 1041A of the Corporations Act 2001 (Cth). The charges relate to a series of transactions in which shares were purchased in Genetic Technologies Ltd (‘GTG’) between 16 May 2006 and 2 November 2006.
At the time of the offences, the accused held in excess of 150 million ordinary shares in GTG, which represented 41.45 per cent of the issued share capital in that company. On 18 March 2005, the accused had exercised 49 million options to purchase shares in GTG at 20 cents per share. In order to finance that transaction, he entered into a Lending and Borrowing Facility with Opes Prime in the sum of $11.4 million (approximately). As security for that facility, the accused lodged shares in GTG with a trustee. Under the terms of the facility, Opes Prime was entitled to make margin calls on the accused, requiring him to provide further security. Those calls were to be calculated according to a loan‑to‑value ratio of 25 per cent, which was based on the daily closing price of GTG shares.
In May 2006, the accused entered into two further Securities and Borrowing agreements with Chimeara Capital Limited, by which he increased his borrowings to in excess of $14 million. The facilities provided by Chimeara operated in the same manner as the facility provided by Opes Prime, save that the loan‑to‑value ratio, in respect of the Chimeara facilities, was 30 per cent.
In its simplest form, the basic allegation made…
Continue reading R v Jacobson (Ruling No 1)
Sign in free to access the full text
- AGLC
- R v Jacobson (Ruling No 1) [2014] VSC 188
- Case
- [2014] VSC 188
- Decision Date
CaseChat Overview and Summary
The court determined that compelling a witness to testify against a close family member was an exceptional circumstance and required careful consideration. The court acknowledged the importance of ensuring that the prosecution could access relevant evidence, but also recognised the potential harm that could be caused by compelling a witness to testify against a family member. Ultimately, the court found that the potential harm to the witness and the family outweighed the need for the prosecution to present a robust case. The court concluded that compelling the daughter to testify against her father would be an exceptional circumstance and declined the prosecution's application. The court's decision was based on the specific circumstances of the case and the potential harm that could be caused by compelling the witness to testify against her father. The court's decision highlights the need for a balanced approach when considering whether to compel a witness to testify against a family member.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.