Selkirk v Director of Public Prosecutions [2020] NSWSC 1590

Selkirk v Director of Public Prosecutions [2020] NSWSC 1590

The magistrate erred by not separately addressing the element of dishonesty and by failing to consider whether the prosecution had excluded beyond reasonable doubt the possibility of Ms Selkirk’s claim of right to the refunds. This omission required the convictions to be set aside and the matters to be remitted for re-determination.

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Criminal Appeal / Appeal From Local Court Conviction to Supreme Court
Outcome
appeal allowed
Legal Topics
['appeal From Local Court to Supreme Court' 'dishonesty' 'deception' 'claim of Right' 'financial Advantage' 'proceeds of Crime']
['criminal Law'] ['appeal From Local Court to Supreme Court' 'dishonesty' 'deception' 'claim of Right' 'financial Advantage' 'proceeds of Crime']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Local Court Conviction to Supreme Court

Legal Issues

  1. 1 ['Whether the magistrate erred in conflating deception and dishonesty' 'Whether the magistrate applied the correct onus of proof regarding dishonesty and claim of right' 'Whether there was evidence of financial advantage']

Ratio Decidendi

The magistrate erred by not separately addressing the element of dishonesty and by failing to consider whether the prosecution had excluded beyond reasonable doubt the possibility of Ms Selkirk’s claim of right to the refunds. This omission required the convictions to be set aside and the matters to be remitted for re-determination.

Court Disposition

appeal allowed

Orders

  • ['Grant leave to appeal on Ground 1' 'Appeal allowed' 'Set aside each conviction for charges in sequences 29 to 52 in matter no. 2018/00315831, H number 6829324 entered in the Local Court at Sydney Downing Centre on 18 December 2019' 'Remit the matter to the Local Court sitting at Sydney Downing Centre for...