Police v William Michael CANNON [2011] NSWLC 29

Police v William Michael CANNON [2011] NSWLC 29

The accused, by deception and dishonestly, obtained significant sums via forged mortgage documents and fraudulent loan applications, with intent established according to ordinary standards. There was a direct causal connection between the deception and the loan monies obtained. Evidence proved beyond reasonable doubt all elements of the offences under s 178BA Crimes Act 1900.

Parties
Prosecuting Authority: NSW Police Force; Accused: William Michael Cannon
Jurisdiction
Australia
Judgment Date
19 September 2011
Procedural Posture
Criminal / Principal Judgment, Verdict
Outcome
Offences proved beyond reasonable doubt; accused found guilty of sequences 1, 2, and 3.
Legal Topics
Obtain Benefit by Deception, Elements of Offence, Fraudulent Loan Applications, Forged Mortgage Documents, Dishonest Intent, Causal Connection in Fraud
Criminal Law Obtain Benefit by Deception Elements of Offence Fraudulent Loan Applications Forged Mortgage Documents Dishonest Intent Causal Connection in Fraud

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Parties

NSW Police Force

Prosecuting Authority

William Michael Cannon

Accused

Procedural Posture

Criminal / Principal Judgment, Verdict

Legal Issues

  1. 1 Whether accused dishonestly obtained money by deception via fraudulent loan applications and forged mortgage documents
  2. 2 Whether there was a causal connection between deception and financial advantage
  3. 3 Whether accused possessed requisite intent and knowledge for criminal liability

Ratio Decidendi

The accused, by deception and dishonestly, obtained significant sums via forged mortgage documents and fraudulent loan applications, with intent established according to ordinary standards. There was a direct causal connection between the deception and the loan monies obtained. Evidence proved beyond reasonable doubt all elements of the offences under s 178BA Crimes Act 1900.

Court Disposition

Offences proved beyond reasonable doubt; accused found guilty of sequences 1, 2, and 3.

Orders

  • Matter adjourned to 28 October 2011 for sentence.
  • Bail to continue.