Calculating the Benefit of Corporate Offending – the High Court Decides

August 2023
Region: Asia Pacific

There has been a final twist in the appellate saga between the Crown and Jacobs Group (Australia) Pty Ltd (Jacobs). The High Court has unanimously overturned the NSW Court of Criminal Appeal’s construction of the phrase “the value of the benefit” as it appears in the foreign bribery corporate penalty provision in the Commonwealth Criminal Code.

Although this case related to foreign bribery, the same or similar penalty provisions are found throughout the federal statute books, and so the High Court’s broad interpretation of “benefit” may have ramifications for a broad range of corporate offending in Australia.