Tonette Kelly v Regina [2013] NSWDC 252

Tonette Kelly v Regina [2013] NSWDC 252

The appellant was found to have knowingly given false evidence before the ICAC concerning approval to use the Legalco/Espreon account and engagement of Mr Dacombe as a paralegal; the claimed memoranda were found to be forgeries, the factual contentions were unconvincing, and the defence of duress was rejected as insufficiently supported by evidence.

Parties
Appellant: Tonette Kelly; Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Criminal Appeal / District Court Appellate Decision
Outcome
Convictions affirmed; offences proved.
Legal Topics
Appeal, Dishonesty, Lies, Conviction, Sentence, Misuse of Public Resources, Secondary Employment, Approval
Criminal Law Appeal Dishonesty Lies Conviction Sentence Misuse of Public Resources Secondary Employment +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Tonette Kelly

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / District Court Appellate Decision

Legal Issues

  1. 1 Whether the appellant gave false evidence before the Independent Commission against Corruption regarding approval to use the Legalco/Espreon account.
  2. 2 Whether the appellant gave false evidence regarding the engagement of Mr Dacombe as a paralegal in her private legal practice.
  3. 3 Whether the defence of duress is valid in relation to the second false evidence charge.

Ratio Decidendi

The appellant was found to have knowingly given false evidence before the ICAC concerning approval to use the Legalco/Espreon account and engagement of Mr Dacombe as a paralegal; the claimed memoranda were found to be forgeries, the factual contentions were unconvincing, and the defence of duress was rejected as insufficiently supported by evidence.

Court Disposition

Convictions affirmed; offences proved.

Orders

  • Offences proved