Regina v Haidar-Wardak [2002] NSWCCA 35

Regina v Haidar-Wardak [2002] NSWCCA 35

The trial miscarried due to the Crown improperly relying on Detective Gerondis' suspicions as evidence of intent to defraud and the way in which the case was put to the jury, such that the essential element of intent related to the property of Westpac Banking Corporation was not proved in law.

Parties
Appellant: Abdullah Haidar-Wardak; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 July 2002
Procedural Posture
Criminal Appeal / Hearing of Appeal From Conviction and Sentence
Outcome
appeal allowed; acquittal entered
Legal Topics
False Pretences, Intent to Defraud, Attempted Obtaining of Property
Criminal Law False Pretences Intent to Defraud Attempted Obtaining of Property

Case Brief

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Parties

Abdullah Haidar-Wardak

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Hearing of Appeal From Conviction and Sentence

Legal Issues

  1. 1 whether there was evidence to support intent to defraud under s 179 of the Crimes Act
  2. 2 whether evidence of a police officer's suspicion was admissible or could support intent
  3. 3 whether the trial miscarried due to misdirection on evidence

Ratio Decidendi

The trial miscarried due to the Crown improperly relying on Detective Gerondis' suspicions as evidence of intent to defraud and the way in which the case was put to the jury, such that the essential element of intent related to the property of Westpac Banking Corporation was not proved in law.

Court Disposition

appeal allowed; acquittal entered

Orders

  • Leave granted pursuant to r 4 of the Criminal Appeal Rules
  • Appeal allowed