Court of Criminal Appeal Citation : R v Tkacz

(2001) 25 WAR 77; [2001] WASCA 391

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Miscellaneous offences
3. › Corruption
4. › Public officer
5. › Whether employee of statutory corporation a 'public officer'
6. › Whether corporation 'established under a written law'
7. › Criminal Code (WA), ss 1(1)(d), 83(c)
1. Statutory Interpretation
2. › Definitions
3. › 'Means ... and includes' form of definition
4. › Whether disjunctive or conjunctive
5. › Whether 'includes' enlarges or exhaustively defines
6. › Criminal Code (WA), s 1(1)
1. Statutory Interpretation
2. › Particular words and phrases
3. › 'Under' versus 'by'
4. › Whether body established 'under' a written law includes body established 'by' a written law
5. › Curtin University of Technology Act 1966 (WA), ss 4, 5

Quick Take

An employee of a body corporate established by or under a Western Australian statute is a 'public officer' within s 1(1)(d) of the Criminal Code (WA) and may be prosecuted under s 83 for corruption. The word 'under' in 'established under a written law' encompasses bodies established directly 'by' a written law. The 'means ... and includes' definition of 'public officer' should be read conjunctively, but the specific categories in paragraphs (a)-(e) serve to enlarge or clarify the opening words, so that persons falling within those categories are included within the definition.