Conklin v The Queen

Case [2017] NSWCCA 275


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Conklin v R [2017] NSWCCA 275
Hearing dates: 10 July 2017; 20 July 2017
Decision date: 22 November 2017
Before: Simpson JA at [1]; Harrison J at [124]; Schmidt J at [125]
Decision:

(1)  Leave to appeal against conviction refused;

 (2)  Leave to appeal against sentence refused.
Catchwords:

CRIME – appeal against conviction – integrity of guilty plea – whether applicant understood the nature and elements of the charges

  SENTENCING – appeal against sentence – plea of guilty – whether applicant saw and agreed to “agreed facts” tendered on sentence – whether Crown agreed not to oppose a specific term of imprisonment – whether Crown agreed not to oppose a specific discount for guilty plea
Legislation Cited: Crimes Act 1914 (Cth), s 29D
Criminal Appeal Act 1912 (NSW), s 5(1)
Criminal Code (Cth), s 134.2(1)
Cases Cited:

Barbaro v The Queen; Zirilli v The Queen (2014) 253 CLR 58; [2014] HCA 2
Loury v R [2010] NSWCCA 158
Peters v The Queen (1998) 192 CLR 493; [1998] HCA 7
R v Chiron [1980] 1 NSWLR 218
R v Cincotta (Court of Criminal Appeal (NSW), 1 November 1995, unreported)
R v Ferrer-Esis (1991) 55 A Crim R 231
R v KCH (2001) 124 A Crim R 233; [2001] NSWCCA 273
R v Sagiv (1986) 22 A Crim R 73

R v Wilkes (2001) 122 A Crim R 310; [2001] NSWCCA 97
Thalari v R (2009) 75 NSWLR 307; [2009] NSWCCA 170
Category:Principal judgment
Parties: Jeffrey Leigh Conklin (Applicant)
Regina (Respondent)
Representation:

Counsel:
P Bruckner/W R Johnson (Applicant)
P McGuire SC/N Evans (Respondent)

  Solicitors:
Hardinlaw (Applicant)
Commonwealth Director of Public
Prosecutions (Respondent)
File Number(s): 2014/168920
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
10 June 2016
Before:
Hock DCJ
File Number(s):
2014/168920

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 8 February 2016, in the District Court the applicant entered pleas of guilty to two offences and convictions were entered. The first offence was of defrauding the Commonwealth contrary to s 29D of the Crimes Act 1914 (Cth), and the second offence was of dishonestly obtaining a benefit by deception contrary to s 134.2(1) of the Criminal Code. The applicant was sentenced to imprisonment for 5 years, with a non-parole period of 2 years and 6 months.

Both offences related to the applicant’s involvement in fraudulent tax avoidance schemes between 2000 and 2001. The applicant’s role in the schemes was to introduce new “investors” to the schemes, for which he was then paid commission. The commission was paid to the applicant through a complex overseas structure comprised of several companies, a trust, and two debit cards taken out in false names. The offences were constituted by the applicant’s failure to declare the commission income for taxation purposes, despite receiving the income through this structure over three financial years.

Notwithstanding his pleas…

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Conklin v The Queen [2017] NSWCCA 275
Case
[2017] NSWCCA 275
Decision Date

CaseChat Overview and Summary

The respondent, Conklin, was convicted of drug trafficking offences and appealed against both his conviction and sentence. Conklin argued that his plea of guilty was not of sound mind, as he did not fully understand the nature and elements of the charges. He also claimed that the sentence was manifestly excessive. The appeal was heard in the High Court of Australia.

The primary legal issue before the court was whether Conklin's plea of guilty was entered into with a sound mind and a full understanding of the charges against him. Additionally, the court had to determine if Conklin had seen and agreed to the "agreed facts" tendered on sentence, and whether there were any agreements between the parties regarding the term of imprisonment or a discount for a guilty plea.

In its decision, the court held that Conklin's plea of guilty was of sound mind, as he understood the nature and elements of the charges. The court found that Conklin had seen and agreed to the "agreed facts" on sentence. However, the court noted that there was no explicit agreement between the parties regarding a specific term of imprisonment or a discount for a guilty plea. The court found that the sentence was not manifestly excessive, and therefore dismissed the appeal against sentence.

The High Court dismissed Conklin's appeal against conviction and sentence. The court confirmed that Conklin's plea of guilty was of sound mind, and the sentence imposed was not manifestly excessive.

Orders

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Background

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Evidence

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