The criminal prosecutions of Michael Milne and Raymond Osborne have been well publicised. The
superseding of Project Wickenby by the Serious Financial Crime Taskforce, along with the so-called “Panama
Papers” investigation, would suggest that tax crime prosecutions will continue to increase. Indeed, it has already
been announced via mainstream media that the ATO is currently investigating at least 800 taxpayers. This article
examines the matter of R v Osborne and conducts an analysis of the judgment, ideally to contribute to a better
understanding of the law of tax crime and thus to help avoid further inappropriate prosecutions of “tax crimes”
in the future.