Regina v Adler [2004] NSWSC 108

Regina v Adler [2004] NSWSC 108

Because the elements and purposes of the civil penalty provisions and the criminal offences are different in important respects, and since s 1317P of the Corporations Act contemplates the bringing of criminal proceedings despite the existence of previous civil penalty proceedings, the criminal proceedings do not constitute an abuse of process. There are no other circumstances warranting a stay, and so the application must be dismissed.

Parties
Applicant: Rodney Stephen Adler; Respondent: Commonwealth Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
05 March 2004
Procedural Posture
Criminal Application for Stay of Proceedings / Interlocutory (application for Permanent Stay)
Outcome
Application dismissed
Legal Topics
Abuse of Process, Double Jeopardy, Civil Penalty Proceedings, Stay of Proceedings, Market Manipulation
Criminal Law Corporations Law Abuse of Process Double Jeopardy Civil Penalty Proceedings Stay of Proceedings Market Manipulation

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Parties

Rodney Stephen Adler

Applicant

Commonwealth Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Application for Stay of Proceedings / Interlocutory (application for Permanent Stay)

Legal Issues

  1. 1 Whether criminal proceedings constitute an abuse of process due to previous civil penalty proceedings for substantially the same conduct
  2. 2 Whether a permanent stay should be granted on the basis of double jeopardy or exposure to double punishment
  3. 3 Whether s 1317P of the Corporations Act precludes the court's power to grant a stay

Ratio Decidendi

Because the elements and purposes of the civil penalty provisions and the criminal offences are different in important respects, and since s 1317P of the Corporations Act contemplates the bringing of criminal proceedings despite the existence of previous civil penalty proceedings, the criminal proceedings do not constitute an abuse of process. There are no other circumstances warranting a stay, and so the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application for permanent stay of criminal proceedings dismissed