Goldstien v R (No 1) [2021] NSWDC 83

Goldstien v R (No 1) [2021] NSWDC 83

The absence of proof beyond reasonable doubt that the applications and attached bogus medical certificates were made or submitted by the appellant, as required under s 254 Crimes Act 1900, meant that the convictions could not stand.

Jurisdiction
Australia
Judgment Date
03 March 2021
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
Appeal allowed. Convictions and sentences set aside.
Legal Topics
['forgery' 'false Documents' 'sick Leave Fraud' 'burden of Proof' 'proof of Signature']
['criminal Law'] ['forgery' 'false Documents' 'sick Leave Fraud' 'burden of Proof' 'proof of Signature']

Case Brief

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Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 ['Whether the appellant used false documents within the meaning of s 254 Crimes Act 1900' 'Whether it was proven beyond reasonable doubt that the appellant submitted the applications and attached the false medical certificates' 'Whether the Crown proved the signatures on the documents belonged to the appellant']

Ratio Decidendi

The absence of proof beyond reasonable doubt that the applications and attached bogus medical certificates were made or submitted by the appellant, as required under s 254 Crimes Act 1900, meant that the convictions could not stand.

Court Disposition

Appeal allowed. Convictions and sentences set aside.

Orders

  • ['Convictions recorded and sentences passed by Magistrate Reiss in the Local Court at Burwood on 26 August 2020 are set aside.']