Larkin v NSW DPP [2007] NSWDC 80

New South Wales District Court

CITATION: Larkin v NSW DPP [2007] NSWDC 80 This decision has been amended. Please see the end of the judgment for a list of the amendments.

3-4 May 2006 HEARING DATE(S): 30 June 2006 11 August 2006 13 October 2006

JUDGMENT DATE: 19 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Nield DCJ

DECISION: See paragraph 77

CATCHWORDS: Criminal law - appeal against conviction and sentence - make false statement on oath contrary to s.330 Crimes Act (NSW) - asserted conflict between Corporations Act (Clth) and Crimes Act (NSW) - whether Corporations Act "covers the field"

Corporations Act 2001 (Cth) LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Bulliman (NSW CCA 25 Feb 1993) CASES CITED: R v Aristodemou (NSW CCA 30 June 1994) R v Chapman (NSW CCA 21 May 1998)

PARTIES: Stephen Michael Larkin NSW DPP

FILE NUMBER(S): 05/12/0390

SOLICITORS: Mr S. Levitt NSW DPP

JUDGMENT

HIS HONOUR: As to the appeal of Stephen Michael Larkin:

1. The appellant, Stephen Michael Larkin, was summonsed, pursuant to s 596A of the Corporations Act (Commonwealth), to appear before the Deputy Registrar of the Equity Division of the Supreme Court on 14 March 2002 for examination about the affairs of Actwane Pty Ltd. He did not appear upon that day and he was ordered to appear on 15 March 2002.

2. At 7.35 am on 15 March 2002 the appellant left premises at Edgecliff where he had stayed the night. Unbeknown to him, he was under surveillance from when he left the premises at Edgecliff until 2.55 pm that day when he entered the Supreme Court Building in Queen's Square in Sydney.