Gorgis v R [2021] NSWCCA 31

Gorgis v R [2021] NSWCCA 31

The applicant's conviction does not constitute a miscarriage of justice. The plea of guilty, entered whilst legally represented and accompanied by agreed facts constituting admissions, is a public acceptance of guilt of the offence. There is evidence from the facts and bank employees that the provision of false documents could well have caused Westpac to advance the loan. The acquittal of co-accused does not demonstrate a defect in the applicant's conviction. The applicant failed to establish that his conviction should be quashed.

Parties
Applicant: Alan Gorgis; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 March 2021
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction; Appeal Against Conviction
Outcome
Leave to appeal against conviction granted; appeal against conviction dismissed.
Legal Topics
Dishonestly Obtaining Financial Advantage by Deception, Withdrawal of Guilty Plea, Joint Criminal Enterprise, Causation in Criminal Offences
Criminal Law Dishonestly Obtaining Financial Advantage by Deception Withdrawal of Guilty Plea Joint Criminal Enterprise Causation in Criminal Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Alan Gorgis

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction; Appeal Against Conviction

Legal Issues

  1. 1 Whether there was a miscarriage of justice arising from the applicant's conviction following a guilty plea
  2. 2 Whether the guilty plea could properly be withdrawn, having regard to the change in evidence relating to causation
  3. 3 Whether there was sufficient evidence that deception caused the financial advantage obtained

Ratio Decidendi

The applicant's conviction does not constitute a miscarriage of justice. The plea of guilty, entered whilst legally represented and accompanied by agreed facts constituting admissions, is a public acceptance of guilt of the offence. There is evidence from the facts and bank employees that the provision of false documents could well have caused Westpac to advance the loan. The acquittal of co-accused does not demonstrate a defect in the applicant's conviction. The applicant failed to establish that his conviction should be quashed.

Court Disposition

Leave to appeal against conviction granted; appeal against conviction dismissed.

Orders

  • Leave to appeal against conviction granted.
  • Appeal against conviction dismissed.