Dimitriou v R [2025] NSWCCA 18

Dimitriou v R [2025] NSWCCA 18

Section 192E(1)(b) of the Crimes Act 1900 (NSW) does not require the prosecution to prove, beyond intentional or reckless deception and dishonesty, that the accused intended to cause, or was reckless as to causing, the consequential financial disadvantage; the necessary mental elements relate to the deception and dishonesty. The conviction was reasonably open based on the evidence establishing the applicant knowingly caused false information to be submitted to ANZ, which resulted in financial disadvantage, and there was no material error in the sentencing process.

Parties
Applicant: George Dimitriou; Respondent: Rex
Jurisdiction
Australia
Judgment Date
24 February 2025
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Judgment on Conviction and Sentence Appeal
Outcome
Conviction and sentence appeals dismissed; leave refused on ground 1 of conviction appeal, granted on grounds 2-5; leave to appeal sentence granted; all appeals dismissed.
Legal Topics
Fraud, Dishonesty Offences, Deception, Criminal Procedure – Judge Alone Trial, Character Evidence, Evidentiary Reliability, Sentencing – Relevant/irrelevant Considerations, Causation in Criminal Liability
Criminal Law Fraud Dishonesty Offences Deception Criminal Procedure – Judge Alone Trial Character Evidence Evidentiary Reliability Sentencing – Relevant/irrelevant Considerations +1 more

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Parties

George Dimitriou

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Judgment on Conviction and Sentence Appeal

Legal Issues

  1. 1 Whether s 192E(1)(b) Crimes Act 1900 (NSW) requires a further mental element of intention or recklessness as to causing financial disadvantage
  2. 2 Proper regard to directions on good character and witness reliability
  3. 3 Sufficiency of evidence for conviction (unreasonableness, variance from indictment)

Ratio Decidendi

Section 192E(1)(b) of the Crimes Act 1900 (NSW) does not require the prosecution to prove, beyond intentional or reckless deception and dishonesty, that the accused intended to cause, or was reckless as to causing, the consequential financial disadvantage; the necessary mental elements relate to the deception and dishonesty. The conviction was reasonably open based on the evidence establishing the applicant knowingly caused false information to be submitted to ANZ, which resulted in financial disadvantage, and there was no material error in the sentencing process.

Court Disposition

Conviction and sentence appeals dismissed; leave refused on ground 1 of conviction appeal, granted on grounds 2-5; leave to appeal sentence granted; all appeals dismissed.

Orders

  • Leave to rely on ground 1 in support of the conviction appeal is refused.
  • Grant leave to appeal on grounds 2-5 in support of the conviction appeal.