Belan v R [2020] NSWDC 715

Belan v R [2020] NSWDC 715

The prosecution proved beyond reasonable doubt that the appellant dishonestly obtained financial advantage or caused financial disadvantage to the NUW by deception through personal use of union credit cards, false invoices, and participation in a criminal group by directing activities. Convictions on two sequences (46 & 64) were not proved beyond reasonable doubt and were quashed. All other conviction appeals were dismissed and convictions confirmed.

Parties
Appellant: Derrick Belan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Criminal Conviction Appeal / Appellate Judgment Following Hearing
Outcome
Appeal partly upheld and partly dismissed; convictions and orders of learned magistrate quashed on SEQ 46 and 64; all other convictions confirmed.
Legal Topics
Appeal Against Conviction, Fraud, Criminal Group Participation, Rolled Up Charges, Duplicity, Credibility and Demeanour
Criminal Law Appeal Against Conviction Fraud Criminal Group Participation Rolled Up Charges Duplicity Credibility and Demeanour

Case Brief

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Parties

Derrick Belan

Appellant

Regina

Respondent

Procedural Posture

Criminal Conviction Appeal / Appellate Judgment Following Hearing

Legal Issues

  1. 1 Whether convictions for dishonestly obtaining a financial advantage or causing a financial disadvantage by deception should be upheld
  2. 2 Whether participation in a criminal group charge was proved
  3. 3 Whether certain charges suffered from duplicity

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the appellant dishonestly obtained financial advantage or caused financial disadvantage to the NUW by deception through personal use of union credit cards, false invoices, and participation in a criminal group by directing activities. Convictions on two sequences (46 & 64) were not proved beyond reasonable doubt and were quashed. All other conviction appeals were dismissed and convictions confirmed.

Court Disposition

Appeal partly upheld and partly dismissed; convictions and orders of learned magistrate quashed on SEQ 46 and 64; all other convictions confirmed.

Orders

  • In respect of SEQ 46 & 64, conviction appeal is upheld and conviction and orders are quashed.
  • In respect of all other matters, conviction appeal is dismissed and conviction confirmed.