High Court of Australia
High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Edwards v The Queen [1992] HCA 19
ORDER Appeal allowed. Set aside the order of the Court of Criminal Appeal of Western Australia and in lieu thereof order that the appeal to that Court be allowed, that the conviction be quashed and that there be a new trial.
Cur. adv. vult.
The following written judgments were delivered:—
1992, June 3 Mason C.J., Brennan, Gaudron and McHugh JJ.
The appellant and Anthony James Lloyd were each convicted of an offence on indictment at a trial in the District Court of Western Australia before Judge O'Dea and a jury.
The charge against Lloyd was:
(1) On 27 October 1988 at Perth Anthony James Lloyd being a Director of Western Collieries Ltd. made improper use of his position as a Director to cause detriment to Western Collieries Ltd. by causing the Rural and Industries Bank of Western Australia to loan the sum of $6,000,000.00 in money to Western Collieries Ltd. and then depositing that money with Rothwells Limited so that it could then be used by Rothwells Limited to discharge a liability to the National Australia Bank.
The charge against Edwards was:
(2) And Further That on the same date and at the same place Kevin John Edwards was knowingly concerned in Anthony James Lloyd being a Director of Western Collieries Ltd. made [sic] improper use of his position as a Director to cause detriment to Western Collieries Ltd. by causing the Rural and Industries Bank of Western Australia to loan the sum of $6,000,000.00 in money to Western Collieries Ltd. and then depositing that money with Rothwells Limited so that it could then be used by Rothwells Limited to discharge a liability to the National Australia Bank.
The offence of which Lloyd was convicted was an offence against s. 229(4) of the Companies (Western Australia) Code ("the Code"). The offence of which the appellant was convicted arises from the operation of s. 38(1) of the Companies and Securities (Interpretation and Miscellaneous Provisions) (Western Australia) Code ("the Interpretation Code"). That sub-section provides:
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