Fysh v R [2013] NSWCCA 284

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fysh v R [2013] NSWCCA 284 Hearing dates: 17 July 2013 Decision date: 20 November 2013 Before: Bathurst CJ at [1] Hoeben CJ at CL at [2] Schmidt J at [216] Decision: 1. Leave to appeal granted. 2. Appeal allowed. 3. The conviction on the counts, the subject of the appeal, be quashed and a verdict of acquittal entered. Catchwords: CRIMINAL LAW - conviction appeal - two counts of insider trading - whether verdicts unreasonable having regard to the evidence - whether the Crown proved applicant possessed each item of information alleged - whether Crown proved that the information possessed by the applicant was material - limitations in Crown's expert evidence - failure by Crown to establish beyond reasonable doubt that important information possessed by applicant on relevant date - whether information not proved by Crown "made no real difference" - factual basis for Crown case not made out - conviction quashed and verdict of acquittal entered. Legislation Cited: Corporations Act 2001 (Cth) - ss 1043A(1)(c) and 1311(1) Criminal Appeal Act 1912 - s6(1) Cases Cited: Libke v R [2007] HCA 30; 230 CLR 559 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Stuart Alfred Fysh - Applicant Regina (Cth) - Respondent Crown Representation: Counsel: Mr B Walker SC/Mr I Pike SC - Applicant Mr D Staehli SC - Respondent Crown Solicitors: Gilbert & Tobin - Applicant Commonwealth Director of Public Prosecutions - Respondent Crown File Number(s): 2011/15688 Decision under appeal Before: McCallum J File Number(s): 2011/15688