Spies v The Queen [2000] HCA 43

HIGH COURT OF AUSTRALIA

GAUDRON, McHUGH, GUMMOW, HAYNE AND CALLINAN JJ

PETER MANNERY SPIES APPELLANT

AND

THE QUEEN RESPONDENT

Spies v The Queen

[2000] HCA 43

3 August 2000

S263/1999

ORDER

1. Appeal allowed.

2. Set aside the orders of the Court of Criminal Appeal dated 17 September 1998.

3. In lieu thereof order that:

(a) the appellant's appeal to that Court be allowed;

(b) the appellant's conviction under s 176A of the Crimes Act 1900 (NSW) be set aside and direct that a judgment and verdict of acquittal be entered in respect of that charge; and

(c) there be a new trial of the appellant on the charge under s 229(4) of the Companies (New South Wales) Code.

On appeal from the Supreme Court of New South Wales

Representation:

P Menzies QC with C J Bevan for the appellant (instructed by Clinch Neville Long)

P Roberts SC with M A Wigney for the respondent (instructed by Director of Public Prosecutions)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

Catchwords

Peter Mannery Spies v The Queen

Criminal law – Director charged with defrauding creditors of the company – Alternative charge of improper use of position as director – Conviction on first charge by jury – Conviction set aside by Court of Criminal Appeal – What facts the jury must have been satisfied of from their finding of guilt with respect to the first charge – Whether Court of Criminal Appeal had power to substitute conviction on the alternative charge in the circumstances.

Criminal law – Construction of provision conferring power on the Court of Criminal Appeal to substitute a verdict of guilty of an offence different from the offence which the jury convicted of – Standard of proof required to apply the provision.

Criminal law – Director charged with defrauding creditors of the company – Direction to the jury equated director's intention to hinder or delay the creditors with defrauding – Misdirection.