The word 'corruptly' in ss 529 and 530 of the Criminal Code (WA) requires that the payment or receipt of a commission be without the knowledge and consent of the principal; where the principal is known or believed to have assented, the sections do not apply. The Crown must adduce evidence capable of showing the payment was to the agent rather than to the principal. The Court of Criminal Appeal has no power to award costs against the Crown in appeals under s 688(2)(b) because s 37(2) of the Supreme Court Act 1935 preserves the common law practice of Crown immunity from costs in criminal proceedings.
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