REGAN V. THE QUEEN

There was ample evidence to support the conviction under section 209(g) of the Bankruptcy Act, but the sentencing judge misapprehended material facts which influenced the sentence, making it inappropriate for the sentence of imprisonment to stand. The proper order is to substitute a recognisance release order.

Parties: Appellant: Regan; Respondent: The Queen
Jurisdiction: Australia
Judgment Date: 26 November 1964
Procedural Posture: Appeal / Judgment
Outcome: appeal allowed; conviction maintained; sentence varied
Legal Topics: Failure to Keep Proper Books of Account, Sentencing, Evidence

Bankruptcy Failure to Keep Proper Books of Account Sentencing Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Regan

Appellant

The Queen

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether there was sufficient evidence to support the appellant's conviction under section 209(g) of the Bankruptcy Act for failure to keep proper books of account
2 Whether the sentence of six months imprisonment was appropriate in the circumstances

Ratio Decidendi

Court Disposition

appeal allowed; conviction maintained; sentence varied

Orders

Set aside so much of the order of the Court of Bankruptcy as orders that the appellant be imprisoned for six months
Order that upon the appellant giving security by his own recognisance in the sum of £250 before the Court of Bankruptcy to be of good behaviour for two years and to comply with the provisions of the Bankruptcy Act, the appellant be released from custody