R v Iannelli

Case [2003] NSWCCA 1


Reported Decision:

(2003) 56 NSWLR 247
139 A Crim R 1

New South Wales


Court of Criminal Appeal

CITATION: Regina v Iannelli [2003] NSWCCA 1
HEARING DATE(S): 27/8/02
JUDGMENT DATE:
26 February 2003
JUDGMENT OF: Handley JA at 1; Simpson J at 55; Bell J at 67
DECISION: Appeal allowed; Convictions quashed and verdicts of acquittal entered in each case
LEGISLATION CITED: Administrative Decisions (Judicial Review) Act 1975 (Cth)
Crimes Act 1914
Forgery Act 1913
Income Tax Assessment Act 1936
Special Prosecutors Act 1982 (Cth)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
CASES CITED: Adams v The Queen [1995] 1 WLR 52
Alderson v Temple (1768) 4 Burr 2235
Coles Myer Finance Ltd v Federal Commissioner of Taxation (1993) 176 CLR 640
DCT v George [2002] NSW CA 336
DCT v Saunig [2002] NSW CA 390
Hardie v Hanson (1960) 105 CLR 451
Parker v Churchill (1985) 9 FCR 316
Peters v The Queen (1998) 192 CLR 493
R v Gamble & Moore (1983) 14 A Crim R 179
R v Kastratovic (1985) 42 SASR 59
R v Kylsant [1932] 1 KB 442
R v Walters [2002] NSWCCA 291
Sands & McDougall Wholesale Pty Ltd (in Liq) v Federal Commissioner of Taxation (1998) 147 FLR 323
Sharpe v Jackson [1899] AC 419
Spies v The Queen (2000) 201 CLR 603
Thompson v Freeman (1786) 1 T.R. 155
Waiu-Tsang v The Queen [1992] 1 AC 269
Welham v Director of Public Prosecutions [1961] AC 103

PARTIES :

Rachel Lorna Iannelli (Appellant)
Regina (Respondent)
FILE NUMBER(S): CCA 60385/02
COUNSEL: R Bromwich (Crown)
P Brereton SC (Appellant)
SOLICITORS: Commonwealth DPP
Oliveri Attorneys (Appellant)
LOWER COURTJURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 01/41/0196
LOWER COURT
JUDICIAL OFFICER :
Hosking DCJ

                          60385/02

                          HANDLEY JA
                          SIMPSON J
                          BELL J

                          Wednesday 26 February 2003
REGINA v Rachel Lorna IANNELLI
Judgment

1 HANDLEY JA: The appellant stood trial before Hosking DCJ and a jury on two counts of being knowingly concerned in the commission by two companies of the offence of defrauding the Commonwealth contrary to s 29D of the Crimes Act 1914: ”by failing to pay tax instalment deductions to the Commissioner of Taxation”. She has appealed to this Court from her convictions on both counts.

2 The facts and the relevant provisions of the income tax legislation are set out in the reasons for judgment of Bell J, which I gratefully adopt. The principal submission for the appellant was that the charges were misconceived because the evidence did not disclose offences against the section.

3 The appellant was a director of and the sole shareholder in the two companies which she controlled for all purposes relevant to these appeals. If each company committed the offence of defrauding the Commonwealth she was knowingly concerned in its commission. There was no dispute that the first company deducted tax instalments (group tax) from the wages of its employees between 1 April 1994 and 1 December 1999 and the second between 1 July 1993 and 1 December…

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AGLC
R v Iannelli [2003] NSWCCA 1
Case
[2003] NSWCCA 1
Decision Date

CaseChat Overview and Summary

The appellant, Rachel Lorna Iannelli, was convicted by a jury in the District Court of being knowingly concerned in the commission by two companies of the offence of defrauding the Commonwealth contrary to s 29D of the Crimes Act 1914 by failing to pay tax instalment deductions to the Commissioner of Taxation. She appealed to the Court of Criminal Appeal against her convictions on two counts. The appellant submitted that the charges were misconceived because the evidence did not disclose offences against the section. The appeal court was required to decide whether the charges were misconceived and if not, whether there were any defects in the trial that warranted a new trial. The appeal court found that the charges were misconceived because the evidence did not establish that the appellant used dishonest means to defraud the Commonwealth. The court held that the failure to remit the tax did not constitute dishonest means for the purposes of the crime of defrauding another. The court also found that the trial judge failed to direct the jury that the Crown had to establish that the appellant used dishonest means to achieve the end of defrauding the Commonwealth. The court held that the verdict of the jury was unreasonable and could not be supported having regard to the evidence, and that the jury ought to have entertained a reasonable doubt as to whether the appellant intended to deprive or prejudice the Commissioner in respect of group tax deductions. The appeal was allowed, the convictions were quashed and verdicts of acquittal were entered in each case.

Orders

Orders of the court

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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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