Milne v The Queen [2014] HCA 4

Milne v The Queen [2014] HCA 4

The disposal of the Admerex shares did not involve their intended 'use' within the meaning of 'instrument of crime' in s 400.3(1) of the Criminal Code (Cth); the circumstances did not justify extending the meaning of 'use' to cover post-disposal actions. Accordingly, count 1 could not be sustained and the conviction should be quashed.

Parties
Appellant: Michael John Milne; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
14 February 2014
Procedural Posture
Criminal Appeal / High Court Appeal From Court of Criminal Appeal of New South Wales
Outcome
Appeal allowed; conviction quashed; verdict of acquittal entered for count 1; sentence on count 2 adjusted as ordered.
Legal Topics
Money Laundering, Construction of Criminal Code (cth) S 400.3(1), Instrument of Crime, Capital Gains Tax Avoidance
Criminal Law Money Laundering Construction of Criminal Code (cth) S 400.3(1) Instrument of Crime Capital Gains Tax Avoidance

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Parties

Michael John Milne

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal From Court of Criminal Appeal of New South Wales

Legal Issues

  1. 1 Whether shares dealt with by the appellant could be intended to be or become 'an instrument of crime' under s 400.3(1) of the Criminal Code (Cth) in the circumstances alleged
  2. 2 Proper interpretation of 'instrument of crime' and 'use' for the purposes of s 400.3(1)

Ratio Decidendi

The disposal of the Admerex shares did not involve their intended 'use' within the meaning of 'instrument of crime' in s 400.3(1) of the Criminal Code (Cth); the circumstances did not justify extending the meaning of 'use' to cover post-disposal actions. Accordingly, count 1 could not be sustained and the conviction should be quashed.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal entered for count 1; sentence on count 2 adjusted as ordered.

Orders

  • Appeal allowed.
  • Set aside orders 1 and 3 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 2 March 2012 with respect to count 1 on the indictment.