ASIC lays fewer charges
The number of charges laid in criminal cases brought by the Australian Securities and Investments Commissions (ASIC) plunged in the second half of last year.
Only 76 criminal charges were laid in the period, compared with 210 in the first six months, the regulator says.
Nine people were charged in criminal proceedings, compared with 13 in the first half.
However, the number of charges laid for strict liability offences increased to 433 from 342, with 185 people charged, compared with 176.
Strict liability offences mean a defendant can be held liable for a crime, regardless of their intent. The prosecution is not required to prove fault, but the defendant can argue a “reasonable mistake” defence.
ASIC resolved 56 financial services-related outcomes in the six months to December 31, the same number as the previous six months. It has 15 criminal and 66 civil financial services-related matters still be decided.
About $12.7 million of civil penalties were imposed, compared with $20.44 million in the first half.
ASIC has adopted a “why not litigate” approach to industry in response to the Hayne royal commission, and a new law allows it to pursue harsher civil and criminal penalties.