Barnes v R [2010] NSWCCA 136

Reported Decision: 79 ACSR 164

New South Wales Court of Criminal Appeal

CITATION: Barnes v R [2010] NSWCCA 136

HEARING DATE(S): 11 May 2010

JUDGMENT DATE: 30 June 2010

JUDGMENT OF: Macfarlan JA at 1; Hidden J at 83; Johnson J at 84

(1) Grant leave to appeal in respect of the appellant's contention that a purported directors' minute of 12 February 2004 was wrongly admitted into evidence at the trial; DECISION: (2) In respect of both counts upon which the appellant was convicted, allow the appeal and quash the conviction; and (3) On both counts direct that a judgment and verdict of acquittal be entered.

CATCHWORDS: CRIMINAL LAW - conviction appeal - officer of a corporation convicted of making available to the Australian Stock Exchange information that was false or misleading in a material particular - whether evidence capable of establishing knowledge of provision of information and of its alleged false or misleading character - CRIMINAL LAW - evidence - minute of directors' meeting admitted into evidence for a purpose other than proof of the truth of the assertions contained in it - part of minute not admissible for that other purpose - real chance that the jury misued that part of the minute

LEGISLATION CITED: Corporations Act 2001 (Cth) Criminal Appeal Act 1912

CATEGORY: Principal judgment

R v R (1989) 18 NSWLR 74 CASES CITED : The Commissioner of Taxes (South Australia) v The Executor Trustee Agency Co of South Australia Ltd [1938] HCA 69; (1938) 63 CLR 108 The State of South Australia v The Commonwealth of Australia [1992] HCA 7; (1991-1992) 174 CLR 235

PARTIES: Gregory Bennet Barnes (Appellant) Regina (Respondent)