Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (Ruling No 12) [2021] FCA 843

Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (Ruling No 12) [2021] FCA 843

Although the direction sought was not made in compliance with s 12 of the Jury Directions Act 2015 (Vic), substantial and compelling reasons under s 16 justified giving a version of the direction relating to specific intent for attempt at common law.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Criminal / Ruling on Jury Direction After Close of Prosecution Case
Outcome
Direction given to the jury as to specific intent for common law attempt despite defective request process.
Legal Topics
['jury Directions' 'attempt at Common Law' 'cartel Conduct' 'specific Intent']
['criminal Law'] ['jury Directions' 'attempt at Common Law' 'cartel Conduct' 'specific Intent']

Case Brief

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Procedural Posture

Criminal / Ruling on Jury Direction After Close of Prosecution Case

Legal Issues

  1. 1 ['Whether request for jury direction was properly made under s 12 Jury Directions Act 2015 (Vic)' 'Whether there are substantial and compelling reasons to give the direction sought under s 16 Jury Directions Act 2015 (Vic)' 'Form and content of the direction as to specific intent for attempt at common law']

Ratio Decidendi

Although the direction sought was not made in compliance with s 12 of the Jury Directions Act 2015 (Vic), substantial and compelling reasons under s 16 justified giving a version of the direction relating to specific intent for attempt at common law.

Court Disposition

Direction given to the jury as to specific intent for common law attempt despite defective request process.

Orders

  • ['Direction given to the jury: The prosecutor must prove beyond reasonable doubt that Country Care Company intended to bring about the result or consequence of inducing Country Care Group members as defined to make an arrangement or arrive at an understanding which would have the likely effect of maintaining the...