HANNES v DIRECTOR OF PUBLIC PROSECUTIONS (CTH) (NO. 2) [2006] NSWCCA 373

Reported Decision : 60 ACSR 1 165 A Crim R 151

New South Wales Court of Criminal Appeal

CITATION: HANNES v DIRECTOR OF PUBLIC PROSECUTIONS (CTH) (NO. 2) [2006] NSWCCA 373

HEARING DATE(S): 7, 8, 10, 11 and 14-17 November 2005

JUDGMENT DATE: 24 November 2006

JUDGMENT OF: Basten JA at 1; Barr J at 96; Hall J at 96

DECISION: (1) Appeal against conviction dismissed; (2) Application for leave to appeal against sentence dismissed.

CATCHWORDS: CONSTITUTION – s 109 inconsistency – State and federal law - Financial Transaction Reports Act 1998 (Cth) and Evidence Act 1995 (NSW) – standard of proof - CRIMINAL PLEADINGS – duplicity – uncertainty – whether prosecution case involved ambiguity or uncertainty - EVIDENCE – admissibility – identification evidence – photoboard selection – whether probative value outweighed by danger of unfair prejudice - EVIDENCE – admissibility – character evidence – adverse character evidence from re-examination of witness inadmissible – whether inappropriate for prosecution to comment on failure by defence to call character evidence - EVIDENCE – admissibility – handwriting evidence – whether change in expert evidence rendered it inadmissible – whether each reason for reaching the expert conclusion must be referrable to specialised knowledge – whether evidence inadmissible because sample for handwriting analysis was obtained in manner prejudicial to defendant - EVIDENCE – unfair prejudice – Evidence Act 1995 (NSW) – ss 135, 136, 137 - EVIDENCE – opinion – inference derived from primary facts – Evidence Act 1995 (NSW) – ss 76, 79 - INSIDER TRADING – pleadings – uncertainty and duplicity – whether evidence conformed to pleadings – meaning of "likely" - INSIDER TRADING –– elements of offence – definition of information – whether inference can be drawn from conduct – whether inference need to be the only reasonable inference available - INSIDER TRADING – elements of offence – requirements for general availability –whether information as a whole was generally available if particular aspects of it was generally available - INSIDER TRADING – elements of offence – definition of "purchase" and "securities" – whether purchase of option contracts within definition - JURY DIRECTIONS – whether Shepherd direction required – whether any information, apart from the particularised elements in indictment, was indispensable – meaning of "likely" in indictment - STRUCTURING TRANSACTIONS – Financial Transactions Reports Act 1998 (Cth) – standard of proof in s 31(1)(b)