R. v. DONNELLY; R. v. TROTH [2001] NSWCCA 125

R. v. DONNELLY; R. v. TROTH [2001] NSWCCA 125

The Court held that the Crown case was compelling and that it was open to the jury to be satisfied beyond reasonable doubt that Donnelly and Troth conspired to cheat and defraud Cementaid by obtaining payment for drums not delivered. The accounting evidence showed a marked disparity during the period of Drum Distributors' involvement, the appellants' explanations were doubtful, and there was no sufficient corroboration for the alleged legitimate purchase of used drums. The jury had been adequately directed that conviction required satisfaction that the drums the subject of the thirty invoices were not supplied to Cementaid, so the verdicts were not shown to be compromise verdicts or...

Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court
Outcome
In each case, appeal against conviction dismissed and leave to appeal against sentence refused.
Legal Topics
['conspiracy to Cheat and Defraud' 'unreasonable or Unsupported Verdict' 'circumstantial Evidence' 'compromise Verdict' 'leave to Appeal Against Sentence' 'breach of Trust' 'general Deterrence']
['criminal Law' 'criminal Procedure' 'sentencing'] ['conspiracy to Cheat and Defraud' 'unreasonable or Unsupported Verdict' 'circumstantial Evidence' 'compromise Verdict' 'leave to Appeal Against Sentence' 'breach of Trust' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether the guilty verdicts for conspiracy to cheat and defraud were unreasonable or could not be supported having regard to the evidence.' 'Whether there was a significant possibility that innocent persons had been convicted or that the jury may have been mistaken.' "Whether the jury's verdicts were compromise verdicts arising from Troth's admitted failure to account for money received." 'Whether leave to appeal against sentence should be granted on the basis that the sentences were excessive or imposed contrary to correct sentencing principles.']

Ratio Decidendi

The Court held that the Crown case was compelling and that it was open to the jury to be satisfied beyond reasonable doubt that Donnelly and Troth conspired to cheat and defraud Cementaid by obtaining payment for drums not delivered. The accounting evidence showed a marked disparity during the period of Drum Distributors' involvement, the appellants' explanations were doubtful, and there was no sufficient corroboration for the alleged legitimate purchase of used drums. The jury had been adequately directed that conviction required satisfaction that the drums the subject of the thirty invoices were not supplied to Cementaid, so the verdicts were not shown to be compromise verdicts or...

Court Disposition

In each case, appeal against conviction dismissed and leave to appeal against sentence refused.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence refused.']