Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Chang v R [2016] NSWCCA 296 Hearing dates: 29 November 2016 Decision date: 16 December 2016 Before: Macfarlan JA at [1];
Johnson J at [101];
Schmidt J at [102]Decision: (1) Grant leave to appeal against sentence.
(2) Dismiss the appeals against conviction and sentence.Catchwords: CRIMINAL LAW – conviction appeal – conspiracy with intention of dishonestly causing loss to Commonwealth – s 135.4(3) Criminal Code (Cth) – whether agreement to lodge false GST returns based on inflated or false inter-group invoices – whether directions to jury concerning conspiracy’s object, means of achievement and overt acts sufficiently clear – whether verdict uncertain
CRIMINAL LAW – sentence appeal – conspiracy with intention of dishonestly causing loss to Commonwealth – s 135.4(3) Criminal Code (Cth) – agreement to lodge false GST returns based on inflated or false inter-group invoices – whether findings as to offender’s role adequateLegislation Cited: Criminal Appeal Rules 1952
Criminal Code (Cth)Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37
Pratten v R [2014] NSWCCA 117
R v Aziz [1982] 2 NSWLR 322
R v Walsh (2002) 131 A Crim R 299; [2002] VSCA 98Category: Principal judgment Parties: Song Chang (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr P Bruckner / Mr R Johnson (Appellant)
Mr K Ginges (Respondent)
Hardinlaw (Appellant)
Commonwealth Director of Public Prosecutions (Respondent)
File Number(s): 2014/34517 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 26 November 2015
- Before:
- Lakatos DCJ
- File Number(s):
- 2014/34517
Judgment
-
MACFARLAN JA: In 2015 the appellant, Song (Peter) Chang was tried in the District Court before a judge and jury on a charge that:
“Between about 1 January 2002 and about 30 June 2006 at Sydney, New South Wales and elsewhere [he] did conspire with Li ZHANG and Simon Chee-To CHAN with the intention of dishonestly causing a loss to a third person, namely the Commonwealth.
Contrary to section 135.4(3) of the Criminal Code (Law Part Code 41505).”
-
After a 10 week trial, the jury returned a verdict of guilty. On 26 November 2015 the trial judge convicted the appellant of the offence of which the jury had found him guilty and imposed a sentence of 5 years imprisonment to date from 10 June 2015, with a non-parole period of 3 years commencing on the same date.
-
The Crown case at trial was that the intended loss was to be caused to the Australian Taxation Office (“ATO”) by an accrual-basis GST reporting entity, JKC Developments Pty Ltd (“JKC”), claiming and receiving GST refunds to which it was not entitled on the basis of it receiving invoices from other entities within the same corporate group which were inflated or false. Those other entities were High Trade Constructions Pty Ltd (“HTC”) and Lobbyfit Design & Cons Pty Ltd (“Lobbyfit”). JKC later changed its name to Protons…
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- AGLC
- Chang v The Queen [2016] NSWCCA 296
- Case
- [2016] NSWCCA 296
- Decision Date
CaseChat Overview and Summary
The court examined the directions given to the jury by the trial judge, focusing on whether they were clear enough for the jury to understand the elements of the offence and the legal principles involved. The court found that the directions were adequate and did not lead to any uncertainty in the verdict. The court also considered the offender's role in the conspiracy, finding that the trial judge's assessment was appropriate and that the offender's role was adequately established. The court concluded that the appeal against conviction and sentence was without merit.
The appeal against conviction was dismissed, and the appeal against sentence was also dismissed. The convictions and sentences imposed by the trial judge were upheld. The court found no error in the trial judge's handling of the case and confirmed the verdict and sentence. The decision reinforces the importance of clear jury directions in conspiracy cases and the need for a proper assessment of the offender's role in the conspiracy.
Orders
Orders of the court
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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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