Ivan Raymond Williams v the Queen [1979] FCA 14

Ivan Raymond Williams v the Queen [1979] FCA 14

The convictions and sentences for attempted bribery stand as s.73 of the Crimes Act 1914 applies to any conferring of benefit in respect of an act by the officer, not limited to corrupt purpose; however, the conviction for conspiracy is set aside due to insufficient jury direction on the relationship between the findings necessary for each charge, risking inconsistent verdicts.

Parties
Appellant: Ivan Raymond Williams; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
02 March 1979
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against conviction on conspiracy charge upheld; other convictions affirmed
Legal Topics
Bribery, Conspiracy, Jury Directions

Case Brief

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Parties

Ivan Raymond Williams

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

  1. 1 Proper construction of s.73 Crimes Act 1914 (Cth) regarding bribery of Commonwealth officers
  2. 2 Requirement of corrupt purpose for offence under s.73
  3. 3 Whether jury directions were misleading regarding common facts to charges with different verdicts

Ratio Decidendi

The convictions and sentences for attempted bribery stand as s.73 of the Crimes Act 1914 applies to any conferring of benefit in respect of an act by the officer, not limited to corrupt purpose; however, the conviction for conspiracy is set aside due to insufficient jury direction on the relationship between the findings necessary for each charge, risking inconsistent verdicts.

Court Disposition

Appeal against conviction on conspiracy charge upheld; other convictions affirmed

Orders

  • The convictions and sentences in respect of the charges of attempted bribery are affirmed.
  • The appeal against the conviction on the charge of conspiracy is upheld.