R v Davy

The appellant appealed against his conviction and sentence for fraud, as a member of a governing body, involving over $30,000. The appellant argued that he was not afforded a fair trial as he was unrepresented, that the trial was conducted unfairly, and that the trial Judge misdirected the jury in respect of evidence. The appellant also sought leave to appeal his sentence on the grounds that it was manifestly excessive in all of the circumstances. The issues before the court were whether the appeal against conviction should succeed, and whether leave to appeal against sentence should be granted.

The court held that the evidence as a whole supported the jury's verdict of guilty. The appellant had made admissions that he had made unauthorised withdrawals from the body corporate accounts and used the funds for his own purposes. The evidence showed that the appellant had engaged in persistent and serious fraudulent conduct, which resulted in a significant loss to the body corporate. The court also held that the trial was conducted fairly and that the appellant was not denied a fair trial as a consequence of his lack of legal representation. The court further held that the sentence of six years imprisonment was well within the proper exercise of the sentencing discretion, and that the lack of insight and remorse justified not fixing an earlier parole eligibility date. Therefore, the appeal against conviction was dismissed, and the application for leave to appeal against sentence was refused.

The final orders were that the appeal against conviction be dismissed and the application for leave to appeal against sentence be refused.