Francisco CHUNG v Regina [2007] NSWCCA 231

Francisco CHUNG v Regina [2007] NSWCCA 231

The common law offence of conspiracy to cheat and defraud is not displaced or implicitly repealed by the Corporations Act 2001 (Cth), Criminal Code Act 1995 (Cth), or associated penalty provisions; Parliament did not intend to override the common law by implication, and there is no direct inconsistency. The prosecutorial discretion to charge conspiracy is not an abuse of process in these circumstances.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Judgment
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['dishonesty Offences' 'conspiracy to Cheat and Defraud' 'statutory Interpretation' 'prosecutorial Discretion' 'abuse of Process']
['criminal Law' 'corporate Crime'] ['dishonesty Offences' 'conspiracy to Cheat and Defraud' 'statutory Interpretation' 'prosecutorial Discretion' 'abuse of Process']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 ['Whether the common law offence of conspiracy to cheat and defraud is displaced or implicitly repealed by the Corporations Act 2001 (Cth) and Criminal Code Act 1995 (Cth)' 'Whether charging conspiracy instead of the statutory offence is an abuse of prosecutorial discretion or process']

Ratio Decidendi

The common law offence of conspiracy to cheat and defraud is not displaced or implicitly repealed by the Corporations Act 2001 (Cth), Criminal Code Act 1995 (Cth), or associated penalty provisions; Parliament did not intend to override the common law by implication, and there is no direct inconsistency. The prosecutorial discretion to charge conspiracy is not an abuse of process in these circumstances.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Appeal dismissed']