R v O'HALLORAN [2000] NSWSC 704

R v O'HALLORAN [2000] NSWSC 704

The Commonwealth DPP has power to prosecute as the Corporations Law operates as part of a cooperative legislative scheme and falls within constitutional heads of power (notably trade and commerce, corporations), s 998 creates a single offence and applies to instructions given to stockbrokers, and reliance by the DPP on all relevant share sales does not constitute an abuse of process given the distinction between civil and criminal proceedings.

Jurisdiction
Australia
Judgment Date
07 July 2000
Procedural Posture
Criminal / Motion to Quash Indictment
Outcome
motion dismissed
Legal Topics
['commonwealth Prosecutorial Power' 'indictment Duplicity' 'corporations Law S 998' 'market Manipulation' 'abuse of Process']
['criminal Law' 'constitutional Law' 'corporations Law'] ['commonwealth Prosecutorial Power' 'indictment Duplicity' 'corporations Law S 998' 'market Manipulation' 'abuse of Process']

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Procedural Posture

Criminal / Motion to Quash Indictment

Legal Issues

  1. 1 ['Whether the Commonwealth Director of Public Prosecutions has power to bring this prosecution' 'Whether the indictment is bad for duplicity' 'Whether s 998 applies to the instruction given by the applicant to a stockbroker' 'Whether prosecution in part would be an abuse of process']

Ratio Decidendi

The Commonwealth DPP has power to prosecute as the Corporations Law operates as part of a cooperative legislative scheme and falls within constitutional heads of power (notably trade and commerce, corporations), s 998 creates a single offence and applies to instructions given to stockbrokers, and reliance by the DPP on all relevant share sales does not constitute an abuse of process given the distinction between civil and criminal proceedings.

Court Disposition

motion dismissed

Orders

  • ['This order certified as a proper one for determination on appeal.']