R v Curtis (No 2) [2016] NSWSC 795

Supreme Court New South Wales

Medium Neutral Citation: R v Curtis (No 2) [2016] NSWSC 795 Hearing dates: 25, 26 May 2016 Date of orders: 26 May 2016 Decision date: 15 June 2016 Jurisdiction: Common Law Before: McCallum J Decision: Accused's application for a directed verdict dismissed; accused's application for an order dismissing the conspiracy charge dismissed. Catchwords: CRIME – conspiracy to commit offence of insider procuring contrary to s 1043A(1)(d) of the Corporations Act 2001 (Cth) – application for a directed verdict – content of requirement for Crown to prove that the alleged inside information was material where conspiracy charged – whether element of materiality capable of being established on the evidence – whether there was evidence on which the jury could properly find the insider knew the information was material – whether there was evidence on which the jury could properly find the accused intended that the offence of insider procuring would be committed pursuant to the agreement

CRIME – conspiracy – power to dismiss charge where it is in the interests of justice to do so – where accused alleges substantive charges could have been preferred instead of conspiracy charge – whether interests of justice require that charge of conspiracy be dismissed Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Doney v The Queen (1990) 171 CLR 207 Elomar v R [2014] NSWCCA 303; 300 FLR 323 May v O'Sullivan (1955) 92 CLR 654 Giorgianni v The Queen (1985) 156 CLR 473 R v Curtis [2016] NSWSC 660 R v Hoar (1981) 148 CLR 32 R v Mok (1987) 27 A Crim R 438 R v Shepherd (1988) 37 A Crim R 303 The Queen v LK [2010] HCA 17; 241 CLR 177 Category: Procedural and other rulings Parties: Oliver Peter Curtis (Accused) Regina (Crown) Representation: Counsel: M Thangaraj SC, R Higgins (Accused) D Staehli SC, L Crowley (Crown)