R v. Boskovitz [1999] NSWCCA 437

R v. Boskovitz [1999] NSWCCA 437

The appeal against conviction failed because Mr Travers' evidence was directly relevant to the appellant's knowledge, involvement and state of mind, its probative value was not outweighed by unfair prejudice, and it was not inadmissible tendency evidence; the summing up adequately put the defence case; the cross-count direction was confined to the appellant's state of mind; and the Crown evidence overwhelmingly supported each verdict. The sentence appeal succeeded because, although the offences were serious and required general deterrence, they were a little below the worst cases warranting the maximum penalty, given the appellant's subordinate position to Mr Goldberg, lack of personal...

Jurisdiction
Australia
Judgment Date
20 December 1999
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Appeal From District Court Jury Convictions and Sentences to the New South Wales Court of Criminal Appeal
Outcome
Appeal against conviction on each count dismissed. Leave to appeal against sentence granted. Appeal against sentences allowed and sentences quashed. Concurrent substituted sentences imposed on each count.
Legal Topics
['knowingly Making False Statements With Intent to Obtain Financial Advantage' 'false Impression in Financial Statements' 'admissibility of Prejudicial Evidence' 'tendency Evidence' 'adequacy of Summing Up' 'unsafe and Unsatisfactory Verdicts' 'general Deterrence in White Collar Crime' 'duties of Company Directors and Executives']
['criminal Law' 'evidence' 'sentencing'] ['knowingly Making False Statements With Intent to Obtain Financial Advantage' 'false Impression in Financial Statements' 'admissibility of Prejudicial Evidence' 'tendency Evidence' 'adequacy of Summing Up' 'unsafe and Unsatisfactory Verdicts' 'general Deterrence in White Collar Crime' 'duties of Company Directors and Executives']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Appeal From District Court Jury Convictions and Sentences to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether evidence of Mr Travers about non-attendance at meetings and non-signature of documents was relevant and admissible despite prejudice.' 'Whether the evidence of Mr Travers was tendency evidence governed by ss. 97 and 101 of the Evidence Act 1995.' "Whether the trial judge's summing up fairly and adequately put the defence case and the issue of materiality." 'Whether the jury were impermissibly directed to use conclusions on one count when considering other counts.' 'Whether there was evidence fit to go to the jury and whether the verdicts were unsafe or unsatisfactory.' 'Whether the maximum concurrent sentences of 5 years were manifestly excessive.']

Ratio Decidendi

The appeal against conviction failed because Mr Travers' evidence was directly relevant to the appellant's knowledge, involvement and state of mind, its probative value was not outweighed by unfair prejudice, and it was not inadmissible tendency evidence; the summing up adequately put the defence case; the cross-count direction was confined to the appellant's state of mind; and the Crown evidence overwhelmingly supported each verdict. The sentence appeal succeeded because, although the offences were serious and required general deterrence, they were a little below the worst cases warranting the maximum penalty, given the appellant's subordinate position to Mr Goldberg, lack of personal...

Court Disposition

Appeal against conviction on each count dismissed. Leave to appeal against sentence granted. Appeal against sentences allowed and sentences quashed. Concurrent substituted sentences imposed on each count.

Orders

  • ['Appeal against conviction on each count dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentences allowed; sentences quashed.' 'In lieu of the sentences imposed, the appellant is sentenced on each count to a minimum term of 2 years 3 months starting on 2 October 1998 and ending on 1 January...