Regina v Fysh (No 2) [2012] NSWSC 1340

Supreme Court New South Wales

Medium Neutral Citation: Regina v Fysh (No 2) [2012] NSWSC 1340 Hearing dates: 2,5 November 2012 Decision date: 07 November 2012 Before: McCallum J Decision: Application for directed verdicts refused Catchwords: CRIME - particular offences - insider trading - no case submission - whether Crown had adduced evidence upon which a jury could convict - possession of alleged inside information - whether particulars to be taken in combination - whether Crown required to prove possession of every component of alleged inside information - whether failure to prove any individual component fatal to Crown case - materiality of alleged inside information - whether evidence so lacking as to require jury to speculate Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Doney v R [1990] HCA 51; (1990) 171 CLR 207 EPA v Sydney Water Corporation [1997] 98 A Crim R 481 Hannes v DPP (No 2) [2006] NSWCCA 373 R v Hannes [2000] NSWCCA 503 R v Rivkin [2004] NSWCCA 7 R v Saffron (1988) 17 NSWLR 395 Category: Procedural and other rulings Parties: Regina Stuart Alfred Fysh Representation: Counsel: D Staehli SC and J Single (Crown) B Walker SC and I Pike SC (accused) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Gilbert & Tobin Lawyers (accused) File Number(s): 2011/15688 Publication restriction: Decision not to be posted on the Internet until after the conclusion of the trial presently being heard by McCallum J with a jury