Ming v R [2021] NSWDC 223

Ming v R [2021] NSWDC 223

The court found that, between 28 August 2015 and 9 October 2015, the appellant dishonestly obtained $51,200 for himself by deception, presenting documentation to sell 50% equity in specified companies to Mega Platinum Group on behalf of the complainant. The deception induced the payments, and the appellant used the funds contrary to his representations. The appeal was dismissed as the prosecution proved all elements of s 192E(1)(b) Crimes Act 1900 beyond reasonable doubt.

Parties
Appellant: Leone Ming; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 June 2021
Procedural Posture
Criminal Appeal / Appeal From Conviction
Outcome
Appeal dismissed
Legal Topics
Fraud, Dishonestly Obtaining Financial Advantage by Deception, Appeals
Criminal Law Fraud Dishonestly Obtaining Financial Advantage by Deception Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Leone Ming

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction

Legal Issues

  1. 1 Whether the appellant dishonestly obtained a financial advantage by deception in contravention of s 192E(1)(b) Crimes Act 1900
  2. 2 Whether the charge was defective for duplicity or ambiguity
  3. 3 Whether corporate entities shield appellant from liability

Ratio Decidendi

The court found that, between 28 August 2015 and 9 October 2015, the appellant dishonestly obtained $51,200 for himself by deception, presenting documentation to sell 50% equity in specified companies to Mega Platinum Group on behalf of the complainant. The deception induced the payments, and the appellant used the funds contrary to his representations. The appeal was dismissed as the prosecution proved all elements of s 192E(1)(b) Crimes Act 1900 beyond reasonable doubt.

Court Disposition

Appeal dismissed

Orders

  • Appeal from conviction is dismissed