R v Dougas; R v Read; R v Linke (No 12) [2022] NSWSC 332

Supreme Court New South Wales

Medium Neutral Citation: R v Dougas; R v Read; R v Linke (No 12) [2022] NSWSC 332 Hearing dates: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Common Law Before: Adamson J Decision: Ruling made regarding directions to be given to jury Catchwords: CRIME — Federal offences — Conspiracy — bribing a foreign public official — elements of offence — 'obtain or retain business' CRIMINAL PROCEDURE — Trial — Directions to jury — where indictment includes one of eight potential offences in provision — whether to make direction on offence provisions not in indictment — where direction made STATUTORY INTERPRETATION — Importance of context — Consistency of operation — where broad interpretation would result in redundancy of alternate offence provision STATUTORY INTERPRETATION — Literal meaning — Natural and ordinary meaning — where natural and ordinary meaning constrained by surrounding provisions Legislation Cited: Criminal Code (Cth), s 70.2 Texts Cited: OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions Category: Procedural rulings Parties: Proceedings 2018/150442 Regina Paul Peter Dougas (Accused)

Proceedings 2018/150387 Regina Mark Andrew Read (Accused)

Proceedings 2018/150400 Regina Geoffrey Kym Linke (Accused) Representation: Counsel: S Flood / K Heath (Crown) N Clelland QC / S Pararajasingham (Paul Peter Dougas) P Boulten SC / J Gullaci (Mark Andrew Read) I Hill QC / C Morgan (Geoffrey Kym Linke)