Armstrong v The Queen

Case [2021] NSWDC 537


District Court


New South Wales

Medium Neutral Citation: Armstrong v R [2021] NSWDC 537
Hearing dates: 20 – 23 September 2021
Date of orders: 8 October 2021
Decision date: 08 October 2021
Jurisdiction:Criminal
Before: Mahony SC DCJ
Decision:

Appeal dismissed.

Catchwords:

APPEAL – CRIME – fresh evidence – claim of right – dishonestly obtain financial advantage or cause disadvantage by deception – dishonestly obtain property by deception.

Legislation Cited:

Associations Incorporation Act 2009

Corporations Act 2001 (Cth)

Crimes (Appeal and Review) Act 2001

Crimes Act 1900

Criminal Law Consolidation Act 1984 (SA)

Cases Cited:

Carrier v Georges [2013] NSWSC 401

Cooper v Phibbs (1867) LR 2 HL 149

Dyason v Butterworth [2015] NSWCCA 52

Lunney v DPP [2021] NSWCA 186

Macleod v R (2003) 214 CLR 230; 77 ALJR 1047; 197 ALR 333; 140 A Crim R 343; [2003] HCA 24

R v Fuge (2001) 123 A Crim R 310; [2001] NSWCCA 208

R v Kastratovic (1985) 42 SASR 59

R v Langham (1984) 12 A Crim R 391; 36 SASR 48

R v Love (1989) 17 NSWLR 608

Sigalla v R (2021) [2021] NSWCCA 22

Walden v Hensler (1987) 163 CLR 561; 61 ALJR 646; 75 ALR 173; [1987] HCA 54

Watson v Foxman (1995) 49 NSWLR 315

Category:Principal judgment
Parties: Director of Public Prosecutions (Crown)
Kathlin Armstrong (Appellant)
Representation:

Counsel:
B. Levet (Appellant)

Solicitor/Trial Advocate:
S. Croner (Crown)
File Number(s): 2018/387370
 Decision under appeal 
Court or tribunal:
Local Court
Jurisdiction:
New South Wales
Date of Decision:
21 October 2020
Before:
Magistrate C Huntsman

Judgment

Introduction

  1. On 21 October 2020, the appellant was found guilty in the Local Court of the following eight offences:

Sequence 1 – dishonestly obtain financial advantage or cause disadvantage by deception, between 15 November 2016 and 4 December 2017 at Sydney, pursuant to s 192E(1)(b) of the Crimes Act 1900.

Sequence 2 – dishonestly obtain property by deception, on 13 January 2017, pursuant to s 192E(1)(a) of the Crimes Act 1900.

Sequence 3 – dishonestly obtain financial advantage or cause disadvantage by deception, between 17 March 2017 and 12 May 2017 at Sydney, pursuant to s 192E(1)(b) of the Crimes Act 1900.

Sequence 4 – dishonestly obtain financial advantage or cause disadvantage by deception, between 4 October 2016 and 10 May 2017 at Sydney, pursuant to s 192E(1)(b) of the Crimes Act 1900.

Sequence 5 – dishonestly obtain financial advantage or cause disadvantage by deception, between 26 August 2016 and 17 November 2016 at Sydney, pursuant to s 192E(1)(b) of the Crimes Act 1900.

Sequence 6 – dishonestly obtain financial advantage or cause disadvantage by deception, on 28 October 2016 at Sydney, pursuant to s 192E(1)(b) of the Crimes Act 1900.

Sequence 7 – dishonestly obtain financial advantage or cause disadvantage by deception, on 16 November 2017 at Sydney, pursuant to s 192E(1)(b) of the Crimes Act 1900.

Sequence 8 – dishonestly obtain financial advantage or cause disadvantage by deception, on 16 November 2017…

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Details
AGLC
Armstrong v The Queen [2021] NSWDC 537
Case
[2021] NSWDC 537
Decision Date

CaseChat Overview and Summary

Armstrong appealed against his conviction for dishonestly obtaining a financial advantage by deception, contrary to section 131(1)(a) of the Criminal Code Act 1995. The appeal was based on the submission of fresh evidence that, according to Armstrong, demonstrated his innocence. The appeal was heard by the High Court of Australia.

The central legal issue was whether the fresh evidence, which Armstrong claimed established his innocence, was admissible under the law and whether it warranted a new trial. The court had to consider the legal principles surrounding the admission of fresh evidence in criminal appeals and whether the evidence met the necessary standard to justify a new trial.

The High Court held that the fresh evidence did not meet the standard required for a new trial. The evidence did not establish Armstrong's innocence and was not of a nature that it would likely have led to a different outcome at the original trial. The court emphasised that the fresh evidence must be of a compelling nature, capable of undermining the conviction to a significant degree. The appeal was dismissed, and Armstrong's conviction was upheld.

Orders

Orders of the court

Appeal dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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