2. The findings of guilt of each offence the subject of the Magistrates Court proceedings be confirmed.
3. The proceedings be remitted to the Magistrates Court for sentence.
Catchwords:
APPEAL – CRIMINAL LAW – Appeal from Magistrates Court – appeal against findings of guilt – appeal that findings of guilt were unsafe and unsatisfactory – theft – appropriation of property – false accounting – elements of the offence of theft – reckless – “accounting document” – intention to permanently deprive – s 350 of the Criminal Code Act 2002 (ACT)
TRUSTS – DISCRETIONARY TRUSTS – Powers of the trustee – consent – “right to enforce the trust” – in personam right – chose in action – intention to defeat the trust – reckless as to the intent to defeat the trust – intention to permanently deprive – transactions had no relationship to the object of the trust – s 305(2) of the Criminal Code Act 2002 (ACT)
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
Continue reading Glanville v Harris
Sign in free to access the full text
Details
AGLC
Glanville v Harris [2017] ACTSC 110
Case
[2017] ACTSC 110
Decision Date
CaseChat Overview and Summary
The appeal before the Court of Appeal was brought by the appellant against findings of guilt made by the Magistrates Court. The appellant was charged with theft, false accounting and related offences. The Court of Appeal was required to determine whether the findings of guilt were safe and satisfactory. This involved examining the elements of the offences of theft and false accounting under the Criminal Code Act 2002 (ACT), and whether the evidence supported the findings of the Magistrates Court.
The appellant argued that the findings of guilt were unsafe and unsatisfactory because there was no evidence of an intention to permanently deprive the owner of the property. The Court of Appeal considered the elements of theft and false accounting, and whether the appellant had the requisite intention. The Court found that the evidence supported the conclusion that the appellant had the intention to permanently deprive the owner of the property, and that the transactions had no relationship to the object of the trust. The Court also found that the appellant was reckless as to the intent to defeat the trust.
The Court of Appeal dismissed the appeal and confirmed the findings of guilt of each offence the subject of the Magistrates Court proceedings. The Court found that the evidence supported the conclusion that the appellant had the requisite intention to commit the offences. The Court also found that the Magistrates Court had not erred in law or made a mistake of fact. The Court remitted the proceedings to the Magistrates Court for sentence.
The final orders of the Court of Appeal were that the appeal be dismissed, the findings of guilt of each offence the subject of the Magistrates Court proceedings be confirmed, and the proceedings be remitted to the Magistrates Court for sentence. The Court found that the evidence supported the conclusion that the appellant had the requisite intention to commit the offences, and that the Magistrates Court had not erred in law or made a mistake of fact. The Court of Appeal therefore dismissed the appeal and confirmed the findings of guilt.
Orders
Orders of the court
1. The appeal be dismissed.
2. The findings of guilt of each offence the subject of the Magistrates Court proceedings be confirmed.
3. The proceedings be remitted to the Magistrates Court for sentence.