REGAN V. THE QUEEN

1 Ne ORIGINAL,

IN THE HIGH COURT OF AUSTRALIA

——— _-REGAN__

cee QUEM _—

ORIGINAL

REASONS FOR JUDGMENT

Judgment delivered at__.Sydney ____. on. THURSDAY,..26%h NOVEMBER 1964

'A.C. Brooks, Government Printer, Melbourne e.7839/60

REGAN Ve

THE QUEEN

ORDER

Appeal allowed. Set aside so much of the order of the Court of Bankruptcy as orders that the appellant be imprisoned for the period of six months and in lieu thereof order that upon the appellant giving security by his own recognisance in the sum of £250 before the Court of Bankruptcy to be of good behaviour for a period of two years and during that period to comply with the provisions of the Bankruptcy Act, the appellant be released from custody.

JUDGMENT BARWICK C.J. TAYLOR J. QWEN J.

We are of opinion that there was ample evidence before the Court of Bankruptcy to support the appellant's conviction under sec. 209(g) of the Bankruptcy Act for having omitted to keep such books of account as were usual and proper in the business he carried on, and as sufficiently disclosed his business transactions and financial position during the period between 30th November 1960 and 30th June 1962, a sequestration order having been made against the appellant on 14th December 1962. We are therefore of opinion that the conviction should stand.

However, having examined the evidence given before the Court of Bankruptcy, we are of opinion that in sentencing the appellant to six months imprisonment His Honour took an erroneous view of material facts and that the sentence imposed by him should be set aside. The evidence placed before His Honour did not at all times clearly distinguish between the activities of certain companies of which the appellant was a director and his personal business activities. It seems that during the period charged he did borrow money and that, apart from investing by far the greater part of it on his own account in a partnership venture of dealing in jute, he made such money available to one or other of the companies with which he was associated. Also during the period he paid interest on moneys borrowed by him, and also renewed loans obtained by him, before the commencement of the period.