Boscolo v Regina [2000] NSWCCA 356

Boscolo v Regina [2000] NSWCCA 356

The Crown failed to prove that any prejudice, as defined in s.305 Crimes Act 1900, was caused by the withdrawal of the caveats, nor could 'absence of notification' constitute prejudice for the purposes of the Act. Therefore, an essential ingredient of the charge was not established and the convictions must be quashed.

Jurisdiction
Australia
Judgment Date
07 September 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed
Legal Topics
['territorial Nexus' 'false Instrument' 'prejudice' 'crimes Act S300' 'withdrawal of Caveat']
['criminal Law'] ['territorial Nexus' 'false Instrument' 'prejudice' 'crimes Act S300' 'withdrawal of Caveat']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['whether there was sufficient territorial nexus to NSW for prosecution under s300 Crimes Act 1900' "whether the withdrawal of caveats caused 'prejudice' pursuant to s.300(2)(b) and s.305 Crimes Act 1900"]

Ratio Decidendi

The Crown failed to prove that any prejudice, as defined in s.305 Crimes Act 1900, was caused by the withdrawal of the caveats, nor could 'absence of notification' constitute prejudice for the purposes of the Act. Therefore, an essential ingredient of the charge was not established and the convictions must be quashed.

Court Disposition

appeal allowed

Orders

  • ['convictions and sentence quashed']