Milne v The Queen [2014] HCA 4

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, BELL, GAGELER AND KEANE JJ

MICHAEL JOHN MILNE APPELLANT

AND

THE QUEEN RESPONDENT

Milne v The Queen [2014] HCA 4 14 February 2014 S278/2013 & S279/2013

ORDER

1. Appeal allowed.

2. Set aside orders 1 and 3 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 2 March 2012 with respect to count 1 on the indictment and, in their place, order that:

(a) the appeal against conviction with respect to count 1 to that Court be allowed;

(b) the appellant's conviction with respect to count 1 be quashed and the sentence imposed by the Supreme Court of New South Wales on 17 December 2010 with respect to count 1 be set aside; and

(c) a verdict of acquittal be entered with respect to count 1.

3. The commencement of the sentence imposed on the appellant by the Supreme Court of New South Wales on 17 December 2010 with respect to count 2 on the indictment be amended to 17 December 2010 with the sentence to expire on 16 June 2014.

On appeal from the Supreme Court of New South Wales

Representation

H K Dhanji SC with T F Edwards for the appellant (instructed by Michael Bowe)

T A Game SC with D Jordan SC and A P C McGrath for the respondent (instructed by Commonwealth 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

Milne v The Queen

Criminal law – Money laundering – Criminal offence under s 400.3(1) of Criminal Code (Cth) to deal with property intending it will become "instrument of crime" – Appellant dealt with shares intending not to declare resulting capital gain – Whether shares "instrument of crime".

Words and phrases – "instrument of crime", "money laundering", "used in the commission", "used to facilitate".