The King v Jacobs Group (Australia) Pty LtdCitation:[2023] HCA 23Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:02 Aug 2023Case Number:S148/2022Read more

The King v Jacobs Group (Australia) Pty LtdCitation:[2023] HCA 23Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:02 Aug 2023Case Number:S148/2022Read more

The maximum monetary penalty under s 70.2(5)(b) of the Criminal Code (Cth) is to be calculated by reference to the gross amount received under contracts secured by bribery, without deduction for costs incurred in performing those contracts.

Parties
Accused: Respondent; Prosecutor: Commonwealth Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Bribery of Foreign Public Officials, Sentencing, Monetary Penalties, Construction of Statutes
Criminal Law Statutory Interpretation Bribery of Foreign Public Officials Sentencing Monetary Penalties Construction of Statutes

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Parties

Respondent

Accused

Commonwealth Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 How should the 'value of the benefit' under s 70.2(5)(b) of the Criminal Code (Cth) be determined for the purposes of calculating the maximum monetary penalty for bribery of a foreign public official?
  2. 2 Does the value of the benefit mean the gross amount received under contracts secured by bribery, or can deductions be made for costs incurred in performing those contracts?

Ratio Decidendi

The maximum monetary penalty under s 70.2(5)(b) of the Criminal Code (Cth) is to be calculated by reference to the gross amount received under contracts secured by bribery, without deduction for costs incurred in performing those contracts.

Court Disposition

Appeal allowed

Orders

  • The value of the benefit is to be calculated as the gross amount received under the contracts secured by bribery.