Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Hughes v R [2021] NSWCCA 238 Hearing dates: 13 August 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Before: Payne JA at [1];
Wilson J at [53];
Fagan J at [54]Decision: Leave to appeal refused.
Catchwords: CRIME — appeals — appeal against conviction — where applicant had entered a plea of guilty to one “rolled up” count of obtaining a financial advantage by deception contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW) — where applicant sought leave to appeal on the basis that the conviction was wrong in law and the element of deception was not made out — where applicant had by her guilty plea admitted all of the elements of the offence — no miscarriage of justice — leave to appeal refused
CRIME — fraud — dishonestly obtain financial advantage by deception — causation — meaning of “obtain” — meaning of “keep a financial advantage that one has” — Crimes Act 1900 (NSW), s 192D(1)(c)
CRIME — fraud — meaning of “deception” — where relevant deception was the “fraudulent transfer of money” — Crimes Act 1900 (NSW), s 192E
Legislation Cited: Crimes Act 1900 (NSW), ss 192B(1), 192D, 192E
Criminal Appeal Act 1912 (NSW), s 5(1)(b)
Criminal Procedure Act 1986 (NSW), s 166(1)(b)
Cases Cited: Attorney-General’s Application pursuant to s 108 Crimes (Appeal and Review) Act 2001 (NSW): Re Robert Burton (a pseudonym) [2021] NSWCCA 87
Bobbe v R (No 2) [2021] NSWCCA 150
Clarkson v R [1987] VR 962
Decision restricted [2019] NSWCCA 43
Director of Public Prosecutions v Ray [1974] AC 370
Duncan v Independent Commission Against Corruption [2016] NSWCA 143
Ho and Szeto v R (1989) 39 A Crim R 145
Maxwell v The Queen (1996) 184 CLR 501
Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41
Milne v The Queen (2014) 252 CLR 149; [2014] HCA 4
National Commercial Banking Corporation of Australia Ltd v Batty (1986) 160 CLR 251; [1986] HCA 21
R v Glynatsis [2013] NSWCCA 131; (2013) 230 A Crim R 99
RvMurphy [1965] VicRp26; [1965] VR 187
R v Sagiv (1986) 22 A Crim R 73
Category: Principal judgment Parties: Tracey Louise Hughes (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
M Higgins and M Keaney (Applicant)
B Hatfield (Crown)
Cullen Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW) (Crown)
File Number(s): 2019/209098 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 17 June 2020
- Before:
- McLennan SC DCJ
- File Number(s):
- 2019/209098
HEADNOTE
[This headnote is not to be read as part of the judgment]
On 29 January 2020 in the Lismore Local Court, the applicant, Ms Hughes, pleaded guilty to one “rolled up” count of obtaining…
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- AGLC
- Hughes v R [2021] NSWCCA 238
- Case
- [2021] NSWCCA 238
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the applicant's guilty plea and its effect on the appeal, noting that the plea of guilty to the charge constituted an admission of all the elements of the offence. The court further considered whether there had been a miscarriage of justice, which would warrant the granting of leave to appeal. The court found that the applicant had not demonstrated that the conviction was wrong in law or that there had been a miscarriage of justice. The court concluded that the applicant, by entering a plea of guilty, had admitted to all the elements of the offence, including the element of deception. The court rejected the applicant's argument that the meaning of "obtain" and "keep a financial advantage" should be narrowly construed, and that the deception element was not made out.
The court refused the applicant leave to appeal against her conviction and sentence. The court found that the applicant had not demonstrated that the conviction was wrong in law or that there had been a miscarriage of justice. The court held that the applicant's guilty plea constituted an admission of all the elements of the offence, and that the element of deception was properly established. The court further held that the meaning of "obtain" and "keep a financial advantage" should not be narrowly construed, and that the deception element was made out. The court dismissed the application for leave to appeal.
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