Glanville v Harris

Case [2017] ACTSC 110


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Glanville v Harris

Citation:

[2017] ACTSC 110

Hearing Date:

8 October 2015

DecisionDate:

10 May 2017

Before:

Refshauge J

Decision:

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.

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)

Legislation Cited:

Crimes Act 1900 (ACT), s 86

Crimes Act 1958 (Vic), s 73(12), 73(13)
Evidence Act 2011 (ACT), ss 131, 131(1)(b), 137
Legislation Act 2001 (ACT), Pt 1, Dictionary
Magistrates Court Act 1930 (ACT), s 216
Theft Act 1968 (UK)  c 60
Trustee Act 1925 (ACT), s 40

Court Procedures Rules 2006 (ACT), rr 2903

Criminal Code 2002 (ACT), ss 20(2), 20(3), 20(4), 22, 300, 302, 304, 304(1), 305(2), 306, 306(1), 306(1)(b), 306(2), 306(3), 308, 350, 350(2), 350(2)(1)(a)(i)

Cases Cited:

Adamson v O’Brien [2008] NTSC 8; 22 NTLR 84

Allgemeine Versicherungs-Gesellschaft Helvetia v Administrator of German Property [1931] 1 KB 672
Attorney–General’s Reference (UK)(No 1 of 1980) [1981] 1 WLR 34
Attorney-General Reference (UK) (No 1 of 2001) [2003] EWCA 1768; [2002] 3 All ER 840
Azzopardi v The Queen [2001] HCA 25; 205 CLR 50
Bank of New South Wales v Laing [1954] AC 135.
Chamberlain v The Queen (No 2) (1984) 153 CLR 521
Chan Man-sin v Attorney-General of Hong Kong [1988] 1 All ER 1
Commissioner of Stamp Duties for New South Wales v Buckle [1998] HCA 4; 192 CLR 226
Commonwealth of Australia v Davis Samuel Pty Ltd (No 7) [2013] ACTSC 146; 282 FLR 1
Director of Public Prosecutions v Brownlie (a pseudonym) [2015] VSCA 147; 45 VR 362
DKLR Holding Co (No 2) Pty Ltd v Commissioner of Stamp Duties [1980] 1 NSWLR 510
Elliot v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1293; 249 ALR 182
Evans v Bartlam [1937] AC 473
Fitzroy v Cave [1905] 2 KB 364
Foley v Hill (1848) 2 HL Cas 28; 9 ER 1002
Gartside v Inland Revenue Commissioners [1968] AC 553
Glenn v Federal Commissioner of Land Tax (1915) 20 CLR 490
G v H (1994) 181 CLR 387
Harris Paper Pty…

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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.

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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