R v McLean

The case of R v McLean involved the defendant, McLean, who was charged with six counts of obtaining property by deception and 16 counts of receiving secret commissions. The case was heard in the Victorian Supreme Court. The central issue in the case was whether the various counts in the indictment should be joined together in one presentment, given that they were all founded on the same facts or were part of a series of offences of the same or a similar character. Additionally, the case considered whether the onus of proof was correctly applied in cases where the onus might shift to the accused, and whether it was appropriate to direct the jury in such circumstances.

The court held that the counts could be joined in one presentment as they were founded on the same facts or were part of a series of offences of the same or a similar character. The court also addressed the onus of proof, ruling that counts where the onus might shift to the accused were properly joined with counts where the onus lay on the Crown throughout. The court found that the trial judge had correctly directed the jury, ensuring that the jury understood the varying onuses of proof applicable to different counts.

In relation to sentencing, the court determined that specific deterrence was not irrelevant in cases of white-collar crime. The defendant was sentenced to six years’ imprisonment with a minimum of four years to be served before eligibility for parole, a sentence the court deemed appropriate given the nature of the crimes committed.

The final orders of the court upheld the conviction on all counts and the sentence imposed, confirming the defendant’s liability and the appropriateness of the penalty imposed.