R v Karounos

[1995] SASC 4925

COURT IN THE COURT OF CRIMINAL APPEAL SUPREME COURT OF SOUTH AUSTRALIA KING CJ(1), MOHR(2) and OLSSON(3) JJ

CWDS
Criminal law and procedure - particular offences - Conspiracy to defraud - fraud consisting of loan of monies of clients of one conspirator to a company controlled by the appellant and two other borrowers, on less than adequate security in breach of first conspirator's duty to clients - risk of economic loss to clients - risk consisting of inadequacy of security - unnecessary for prosecution to prove inability of borrowers to meet personal liability to repay the loan - conviction after fair trial fully supported by the evidence.

Criminal law and procedure - jurisdiction, practice and procedure - Stay of proceedings - Dietrich application - failure of appellant to comply with reasonable requirements of Legal Services Commission - lack of legal representation due to fault of appellant - trial conducted fairly - refusal of stay upheld on appeal. Dietrich v R (1992) 177 CLR 292, applied.

Criminal law and procedure - jurisdiction, practice and procedure - Stay of proceedings - alleged delay and improper purpose - refusal of stay upheld on appeal.

Criminal law and procedure - jurisdiction, practice and procedure - juries - Application to disqualify for bias - comments made by fellow workers to juror about appellant - exposure of jurors to such comments in course of ordinary social intercourse considered - direction by judge sufficient safeguard in circumstances. - Webb and Hay v R (1994) 122 ALR 41, applied.

Criminal law and procedure - jurisdiction, practice and procedure - persons entitled to conduct prosecution - Prior involvement by counsel for prosecution in investigation of appellant by Corporate Affairs Commission and related matters - bias test for judges and jurors not applicable to prosecuting counsel - no impropriety in conduct of trial - fairness of trial not impaired.

Criminal law and procedure - jurisdiction, practice and procedure - courses of evidence, statements and addresses - Final address by prosecuting counsel where accused unrepresented - prosecutor's legal right to final address. Criminal Law Consolidation Acts288b.

Criminal law and procedure - jurisdiction, practice and procedure - judge's summing-up - Misdirection as to jury's role in relation to co- conspirators rule - no prejudice to appellant. Ahern v R (1988) 165 CLR 87, applied.

HRNG ADELAIDE, 7-8 December 1994 #DATE 3:2:1995 #ADD 10:3:1995

Counsel for appellant:     Mr W J N Wells QC with
   Mr J R E Lister

Solicitors for appellant: Jon Lister

Counsel for respondent:    Mr D J Chapman with Mr A H F Wong

Solicitors for respondent: DPP (Cwlth)

ORDER
Appeal dismissed.

JUDGE1 KING CJ This is an appeal against a conviction by verdict of a jury in the District Court of the crime of conspiracy to defraud.

2. The particulars of the offence pleaded in the Information are as follows:
    "George Karounos, and Barbara Joy Hunt between the 1st day of
    August 1986 and 31st day of October 1986 at Adelaide and other
    places conspired…