Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (No 2) [2019] FCA 2201

Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (No 2) [2019] FCA 2201

Leave to appeal should be granted as there is sufficient doubt regarding the need for complex unanimity directions and the correct statutory construction of the 'goods' elements, with a real risk of substantial injustice if wrongly decided at trial stage.

Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Application for Leave to Appeal; Interlocutory Orders
Outcome
Leave to appeal granted; trial vacated; appeal listed for hearing
Legal Topics
['criminal Cartel Offences' 'jury Directions' 'severance of Indictment' 'competition and Consumer Act 2010']
['criminal Law' 'competition Law'] ['criminal Cartel Offences' 'jury Directions' 'severance of Indictment' 'competition and Consumer Act 2010']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal; Interlocutory Orders

Legal Issues

  1. 1 ["Whether the prosecutor's reliance on multiple episodes of conduct requires unanimity directions to the jury that are unworkable" 'Whether the goods relied upon for the purpose/effect element and the competition element in s 44ZZRD must be identical']

Ratio Decidendi

Leave to appeal should be granted as there is sufficient doubt regarding the need for complex unanimity directions and the correct statutory construction of the 'goods' elements, with a real risk of substantial injustice if wrongly decided at trial stage.

Court Disposition

Leave to appeal granted; trial vacated; appeal listed for hearing

Orders

  • ['Each accused granted leave to appeal from orders dismissing applications to sever and temporarily stay counts 1 to 3 in the indictment.' 'First and second accused to file notice of appeal by 4.00 pm on 19 December 2019 in accordance with draft annexed to affidavit of Richard Harvey Westmoreland.' 'Third accused to...