[...] similar duties: R v Cassidy [2005] NSWSC 410; R v Adler (2005) 53 ACSR 471; R v Williams (2005) 216 ALR 113; Adler v The Queen (2006) 57 ACSR 675; R v Lo (2007) 174 A Crim R 451; R v Evans (County [...]
[...] (2000) 115 A Crim R 80. R v Drake (District Court (SA); Tilmouth DCJ, 26 October 2006, unreported). R v Gilles, ex parte Attorney-General [2002] 1 Qd R 404. R v Holland (Robin AJ, 11 October [...]
[...] confer any powers on the office holder. [40], [62]. R v Adler (2005) 53 ACSR 471; R v Williams (2005) 216 ALR 113; R v Lo (2007) 174 A Crim R 451 considered. (2) That in the present case the directions [...]
[...] (1999) 198 CLR 1. R v Adler (2005) 53 ACSR 471. R v Allouche (CA 146/1998; Court of Appeal, 28 July 1998, unreported); [1998] QCA 216. R v Cassidy [2005] NSWSC 410. R v Evans (County Court [...]
[...] October 2006, unreported). R v Melano, ex parte Attorney-General [1995] 2 Qd R 186. R v Phelps (Bradley DCJ, 12 March 2004, unreported). R v Smales (County Court (Vic); Judge White, 6 September 2002 [...]
[...] Court (Vic); Judge Nixon, 29 February 2008, unreported). R v Lo (2007) 174 A Crim R 451. R v Williams (2005) 216 ALR 113. RPS v The Queen (2000) 199 CLR 620. The following additional cases were cited [...]
[...] unreported). R v Byrnes (1995) 183 CLR 501. R v CAK and CAL, ex parte Director of Public Prosecutions (Cth) (CA 312, 313/2008; Court of Appeal, 20 February 2009, unreported); [2009] QCA 23. R v Day [...]
[...] The Queen (2007) 175 A Crim R 278. Kwok v The Queen (No 2) [2007] NSWCCA 314. Libke v The Queen (2007) 230 CLR 559. Meissner v The Queen (1995) 184 CLR 132. R v Ash (County Court (Vic); Judge [...]
[...] 2002, unreported). R v Yanner [1998] 2 Qd R 208. Yanner; Re (2000) 100 FCR 551. Yanner v Minister for Aboriginal and Torres Strait Islander Affairs (2001) 108 FCR 543. CRIMINAL APPEAL Appeal from [...]
[...] the judicial direction was ineffective: Crofts v The Queen (1996) 186 CLR 427, 440; R v Day (2000) 115 A Crim R 80, 86–87 [29], [31]; Libke v The Queen (2007) 230 CLR 559, 569 [18], 589 [82], 598 [...]
[...] turn. [47]In R v Cassidy ,[5] the execution ofdocuments on behalf of a company was within the power of the defendant as a director to sign documents on the company’s behalf. Similarly, in R v Adler ,[6] [...]
[...] empowered by law to do on behalf of the company. The position was the same in R v Lo .[8] In R v Evans ,[9] the defendant exercised the power of a director and financial controller of a company to manage its [...]
[...] [2005] NSWSC 410. [6] (2005) 53 ACSR 471. [7] (2005) 216 ALR 113. [8] (2007) 174 A Crim R 451. [9] R v Evans , unreported, County Court, Vic, Judge Nixon, 29 February 2008. [10] Section 7 of the [...]
[...] Crampton v R (2000) 206 CLR 161 at 173. [37] Melbourne v The Queen (1999) 198 CLR 1 at 52–53 per Hayne J; see also the cases cited by Keane JA in paras [43] and [44]. [38] McKinney v R (1991) 171 [...]
[...] never to have been asked: s 15 of the Evidence Act 1977. The jury ought to have been discharged: R v Allouche (CA 146/1998; Court of Appeal, 28 July 1998, unreported); [1998] QCA 216. In the context [...]
[...] trial. The application was not made lightly and ought to have been upheld. B W Farr SC , with him D R Kent , for the Crown. The Commonwealth Authorities and Companies Act is legislation designed to regulate [...]
[...] be resolved in favour of the subject by refusing to extend the category of criminal offences: see R v Adams ((1935) 53 CLR 563, at pp 567–568); Craies on Statute Law , 7th ed (1971), pp 529–534. The [...]
[...] [6] the defendant was a director empowered to speak for his company, and in R v Williams ,[7] the defendant had signed a letter on behalf of the company that being something which a director is empowered [...]
[...] error. [114]Before this Court, Mr Robinson relied on four factors for the contrary conclusion, citing R v Allouche .[43] The first was the nature of the objectionable remarks. It is true that they carried [...]
[...] diligence or the business judgment rule. [28] CAC Act , s 27B. [29] See generally ch 4 in Austin R, Ford H and Ramsay I, Company Directors: Principles of Law & Corporate Governance , Butterworths, Sydney [...]