In a prosecution for communicating a confidential government document under s 70(1) of the Crimes Act 1914 (Cth), telephone records showing calls between the accused and a journalist, combined with the accused's admission that the journalist received the document from an unnamed individual, are insufficient to prove beyond reasonable doubt that the accused communicated the document where: the document was distributed to approximately 300 employees without security; no systematic recovery of hard copies was undertaken; no evidence was adduced of the journalists' outgoing calls or other employees' private communications; and no motive was established.
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