'Artificial price' in s 1041A of the Corporations Act 2001 (Cth) imports American jurisprudential conceptions of market manipulation by 'cornering' and 'squeezing' — the abuse of market power to distort prices away from levels set by genuine supply and demand. The sole or dominant purpose test, previously applied by the Federal Court in ASIC v Soust, is inapplicable to s 1041A but remains relevant to s 1041C. The fault element for the criminal offence under s 1041A requires intention as to the conduct (entering the transaction) and recklessness as to the result (creating or maintaining an artificial price). A case stated under s 302 of the Criminal Procedure Act 2009 (Vic) may validly be made on disputed facts where the trial judge finds or assumes facts for the limited purpose of the case stated.
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