Braysich v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,HEYDON, CRENNAN, KIEFEL AND BELL JJJEFFREY JOSEPH BRAYSICH  APPELLANTANDTHE QUEEN  RESPONDENTBraysich v The Queen [2011] HCA 1411 May 2011P32/2010ORDER1.Appeal allowed.2.Set aside the order of the Court of Appeal of the Supreme Court of Western Australia made on 16 October 2009 dismissing the appeal against conviction and, in its place, order that: (a)     the appeal to that Court be allowed; (b)     the appellant's convictions be quashed; and (c)the matter be remitted to the District Court of Western Australia for a new trial.On appeal from the Supreme Court of Western AustraliaRepresentationM J McCusker QC with S J Lemonis for the appellant (instructed by Ainslie van Onselen)W B Zichy-Woinarski QC with W F Gillan for the respondent (instructed by Commonwealth Director of Public Prosecutions)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBraysich v The QueenCriminal law – Evidence – Burden of proof – Defences – Directions to jury – Appellant charged with creating a false or misleading appearance of active trading in securities – Appellant deemed to have created false or misleading appearance of active trading if proved to have caused a sale of securities where, to his knowledge, there was no change in beneficial ownership of securities – Section creating offence included a defence to prove that the purpose or purposes of the trades was not or did not include purpose of creating a false or misleading appearance of active trading ("proscribed purpose") – Where...