R v Jacobs Group (Australia) Pty Ltd [2024] NSWSC 1000

Supreme Court New South Wales

Medium Neutral Citation: R v Jacobs Group (Australia) Pty Ltd [2024] NSWSC 1000 Hearing dates: 29 July 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Common Law - Criminal Before: Harrison CJ at CL Decision: (1) Jacobs Group (Australia) Pty Ltd is convicted of sequence 3. (2) In respect of sequence 3, I impose a fine of $3,375,000. Catchwords: SENTENCING – federal offences – re-sentence following successful Crown appeal to the High Court – remitted from the Court of Criminal Appeal to a single judge of the Supreme Court – resentence for sequence 3 for conspiracy to cause an offer of a bribe to a foreign official contrary to ss 11.5(1) and 70.2(1)(a)(iv) of the Criminal Code Act 1995 (Cth) – relevant factors on sentence – within the mid-range of objective seriousness – damage caused by corruption of public officials – exemplary past assistance given by the company to authorities – undertaking of future assistance to authorities – need for general and specific deterrence – consideration of the effect of delay in commencing the prosecution of the company – absence of evidence of the actual impact of delay Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 23(3) Crimes Act 1914 (Cth), ss 16A, 16AC Criminal Appeal Act 1912 (NSW), s 5D Criminal Code Act 1995 (Cth), ss 11.5, 70.2 Cases Cited: R v Jacobs Group (Australia) Pty Ltd [2021] NSWSC 657 R v Jacobs Group (Australia) Pty Ltd [2022] NSWCCA 152 R v Jacobs Group (Australia) Pty Ltd [2023] NSWCCA 280 R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151 The King v Jacobs Group (Australia) Pty Ltd formerly known as Sinclair Knight Merz Pty Ltd [2023] HCA 23; (2023) 97 ALJR 595 Category: Sentence Parties: Rex (Crown) Jacobs Group (Australia) Pty Ltd (Offender) Representation: Counsel: G P Craddock SC with C Brain (Crown) B Walker SC with N Kirby (Offender)