Moss, Thomas Ervin v Brown, Bruce Raymond & Anor [1984] FCA 155

Moss, Thomas Ervin v Brown, Bruce Raymond & Anor [1984] FCA 155

There was sufficient evidence and inference from Moss's conduct for a jury to be satisfied beyond reasonable doubt that the applicant was a conspirator, and therefore, a prima facie case of conspiracy to defraud was made out. The Magistrate's refusal to order recall of witnesses was justified as there was no change in the content of admissible evidence.

Parties
Applicant: Thomas Ervin Moss; First Respondent: Bruce Raymond Brown; Second Respondent: Peter Lamb
Jurisdiction
Australia
Judgment Date
23 May 1984
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Conspiracy to Defraud, Committal Proceedings, Prima Facie Case
Criminal Law Administrative Law Judicial Review Conspiracy to Defraud Committal Proceedings Prima Facie Case

Case Brief

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Parties

Thomas Ervin Moss

Applicant

Bruce Raymond Brown

First Respondent

Peter Lamb

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a prima facie case of conspiracy to defraud the Commonwealth was made out
  2. 2 Whether refusal to recall witnesses for further cross-examination was lawful

Ratio Decidendi

There was sufficient evidence and inference from Moss's conduct for a jury to be satisfied beyond reasonable doubt that the applicant was a conspirator, and therefore, a prima facie case of conspiracy to defraud was made out. The Magistrate's refusal to order recall of witnesses was justified as there was no change in the content of admissible evidence.

Court Disposition

application dismissed

Orders

  • application dismissed
  • applicant to pay the costs of the second respondent