Regina v Fysh (No 2) [2012] NSWSC 1340

Regina v Fysh (No 2) [2012] NSWSC 1340

The Crown need not prove that the accused possessed each individual element of the particularised information by direct evidence; it is sufficient if the whole body of information, taken together, can be inferred from the evidence to be in the accused's possession. The issues of whether the accused had knowledge of each component, and how each component fits into the whole, are for the jury on the evidence. The application for directed verdicts was refused because the evidence was capable of supporting the inference required for each relevant part of the alleged inside information.

Jurisdiction
Australia
Judgment Date
07 November 2012
Procedural Posture
Criminal / No Case Submission After Crown Case Closed, Application for Directed Verdicts
Outcome
Application for directed verdicts refused
Legal Topics
['insider Trading' 'elements of Offence' 'no Case Submission' 'particulars of Information' 'corporations Act']
['criminal Law'] ['insider Trading' 'elements of Offence' 'no Case Submission' 'particulars of Information' 'corporations Act']

Case Brief

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Procedural Posture

Criminal / No Case Submission After Crown Case Closed, Application for Directed Verdicts

Legal Issues

  1. 1 ['Whether there was evidence upon which a jury could convict for insider trading under the Corporations Act' 'Whether the Crown must prove accused possessed every component of the alleged inside information' 'Materiality of the alleged inside information' 'Whether the failure to prove any individual component is fatal to the Crown case']

Ratio Decidendi

The Crown need not prove that the accused possessed each individual element of the particularised information by direct evidence; it is sufficient if the whole body of information, taken together, can be inferred from the evidence to be in the accused's possession. The issues of whether the accused had knowledge of each component, and how each component fits into the whole, are for the jury on the evidence. The application for directed verdicts was refused because the evidence was capable of supporting the inference required for each relevant part of the alleged inside information.

Court Disposition

Application for directed verdicts refused

Orders

  • []