R v O'Halloran

Case [2000] NSWCCA 528


Reported Decision: (2000) 36 ACSR 315

New South Wales


Court of Criminal Appeal

CITATION: R v O'Halloran [2000] NSWCCA 528
FILE NUMBER(S): CCA 60526/00
HEARING DATE(S): 11 December 2000
JUDGMENT DATE:
11 December 2000

PARTIES :


Regina v James Francis O'Halloran
JUDGMENT OF: Spigelman CJ at 121; Mason P at 122; Heydon JA at 2
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S) : 70065/99
LOWER COURT JUDICIAL
OFFICER :
Barr J
COUNSEL : Crown - T Game SC/P McGuire
Appellant - C Waterstreet
SOLICITORS: Crown - Commonwealth DPP
Appellant - Holman Webb
LEGISLATION CITED: Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
Acts Interpretation Act 1901 (Cth)
Australian Securities and Investments Commission Act 1989 (Cth)
Corporations Act 1989 (Cth)
Corporations (New South Wales) Act 1990
Criminal Appeal Act 1912 (NSW)
Director of Public Prosecutions Act 1983 (Cth)
Interpretation Act 1987 (NSW)
Securities Industry Act 1970 (NSW)
Trade Practices Act 1974
CASES CITED:
Actors and Announcers Equity Association of Australia v Fontana Films Pty Ltd (1982) 150 CLR 169
Airlines of New South Wales Pty Ltd v New South Wales (No 2) (1965) 113 CLR 54
Australian Securities Commission v Nomura International Plc (1998) 160 ALR 246
Bank of New South Wales v The Commonwealth (1948) 76 CLR 1
Bath (Commissioner of Business Franchises for the State of Victoria) v Alston Holdings Pty Ltd (1988) 165 CLR 411
Cole v Whitfield (1988) 165 CLR 360
Fame Decorator Agencies Pty Ltd v Jeffries Industries Ltd (1998) 28 ACSR 58
Gould v Brown (1998) 193 CLR 346
Haines v Australian Broadcasting Corpoation (Hunt CJ at CL, 21 July 1995, unreported)
Herald and Weekly Times Ltd v Commonwealth (1966) 115 CLR 418
Hunter v Chief Constable of the West Midlands Police (1982) AC 529
Jones v Commonwealth (No 2) (1966) 112 CLR 206
Murphy v Farmer (1988) 165 CLR 19
North v Marra Developments Ld (1981) 148 CLR 42
North Sydney Brick and Tile Co Ltd v Darvall (1986) 5 NSWLR 681
R v Hughes (2000) 74 ALJR 802
R v Masters (1992) 26 NSWLR 450
Redfern v Dunlop Rubber Australia Ltd (1964) 110 CLR 194
Re Dingjan; Ex parte Wagner (1995) 183 CLR 323
Re Ku-ring-gai Co-Operative Building Society (No 12) Ltd (1978) 22 ALR 621
Re Nolan; Ex parte Young (1991) 172 CLR 460
Re Thomas Christie Ltd (In Liq) (1994) 2 BCLC 527
Reichel v Magrath (1889) 14 App Cas 655
Rogers v R (1994) 181 CLR 251
State of New South Wales v Stenhouse Ltd (1997) Aust Torts Reports 81-423
State Superannuation Board v Trade Practices Commission (1982) 150 CLR 282
Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468
Victoria v The Commonwealth (1996) 187 CLR 416
Walton v Gardiner (1993) 177 CLR 378
Wells v John R Lewis (International) Pty Ltd (1975) 25 FLR 194
Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1
DECISION: Appeal dismissed



      IN THE COURT OF
      CRIMINAL APPEAL

      60526/00

      SPIGELMAN CJ
      MASON…

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AGLC
R v O'Halloran [2000] NSWCCA 528
Case
[2000] NSWCCA 528
Decision Date

CaseChat Overview and Summary

The case of Regina v James Francis O'Halloran [2000] NSWCCA 528 involved an appeal against an interlocutory order dismissing the appellant's Notice of Motion seeking to quash an indictment. The appellant was charged under s 998 of the Corporations Law with creating a false or misleading appearance with respect to the price of securities of Jeffries Industries Limited. The main legal issues in the case were the validity of the Federal-State legislative scheme, the duplicity of the indictment, the scope of s 998, and the Director of Public Prosecutions' reliance on sales other than those at thirteen cents and fourteen cents.

The Court of Criminal Appeal held that the Commonwealth Director of Public Prosecutions had the power to bring the prosecution for an alleged breach of s 998 of the Corporations Law, as the machinery provisions read with s 998 were supported by s 51(i) of the Constitution. The Court found that Jeffries, the corporation in question, was both a trading and financial corporation, which allowed for the prosecution to proceed under s 51(xx) of the Constitution. The Court also held that the indictment was not duplicitous, and that the instruction given to the broker was capable of falling within s 998. Lastly, the Court found that it was not an abuse of process for the Director of Public Prosecutions to rely on sales other than those at thirteen cents and fourteen cents, as the issues in the civil proceedings were different from those in the criminal proceedings.

The appeal was dismissed, and the Court upheld the validity of the Federal-State legislative scheme and the prosecution of the appellant for the alleged breach of s 998 of the Corporations Law.

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