English v R [2015] NSWDC 374

English v R [2015] NSWDC 374

The actual amount obtained by the appellant was not proved on the balance of probabilities, let alone beyond reasonable doubt. The only sufficiently supported amount was the $12,000 conceded through the appellant's solicitor based on admissions in the ERISP, so the Local Court compensation order was set aside and replaced with an order for $12,000.

Jurisdiction
Australia
Judgment Date
25 August 2015
Procedural Posture
Criminal Appeal / Appeal Against Quantum of Compensation Order
Outcome
Appeal allowed
Legal Topics
['appeal Against Quantum of Compensation Order' 'financial Advantage Obtained by Deception' 'proof of Compensation Amount']
['criminal Law'] ['appeal Against Quantum of Compensation Order' 'financial Advantage Obtained by Deception' 'proof of Compensation Amount']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Quantum of Compensation Order

Legal Issues

  1. 1 ['Whether the quantum of the compensation ordered by the Local Court should be set aside or reduced.' 'Whether the amount obtained by the appellant from the complainant had been proved beyond the conceded sum of $12,000.']

Ratio Decidendi

The actual amount obtained by the appellant was not proved on the balance of probabilities, let alone beyond reasonable doubt. The only sufficiently supported amount was the $12,000 conceded through the appellant's solicitor based on admissions in the ERISP, so the Local Court compensation order was set aside and replaced with an order for $12,000.

Court Disposition

Appeal allowed

Orders

  • ['The order for compensation made by George LCM sitting at Burwood Local Court on 13 March 2015 set aside.' 'Appellant to pay compensation to [PM] in the sum of $12,000.']