Flack v R [2011] NSWCCA 167

Flack v R [2011] NSWCCA 167

There was sufficient evidence—documentary and inferential, supported by testimony from officers of the financial institutions—to support a case that the deception was causally connected to the financial advantage obtained; therefore, the trial judge correctly rejected the no-case submission and refused to direct an acquittal.

Parties
Applicant: Robin Anthony Flack; Respondent: Regina
Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Conviction
Outcome
Application for extension of time to appeal against conviction refused.
Legal Topics
Conviction Appeal, No Case Submission, Obtaining Financial Advantage by Deception, Causal Connection Between Deception and Financial Advantage
Criminal Law Conviction Appeal No Case Submission Obtaining Financial Advantage by Deception Causal Connection Between Deception and Financial Advantage

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Parties

Robin Anthony Flack

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in rejecting a no case submission and refusing to direct an acquittal in counts of obtaining financial advantage by deception.
  2. 2 Whether, to prove the offence under s.178BA Crimes Act 1900, it was necessary to call evidence from the person directly deceived or whether circumstantial and inferential evidence sufficed.

Ratio Decidendi

There was sufficient evidence—documentary and inferential, supported by testimony from officers of the financial institutions—to support a case that the deception was causally connected to the financial advantage obtained; therefore, the trial judge correctly rejected the no-case submission and refused to direct an acquittal.

Court Disposition

Application for extension of time to appeal against conviction refused.

Orders

  • Extension of time to appeal against conviction refused.