24 Feb 1995
The Court held there was sufficient evidence for the trial judge to be satisfied beyond reasonable doubt that both applicants were parties to a criminal scheme to obtain money by false pretences; the 2nd applicant's involvement was overwhelming and the 1st applicant, as a company official present at meetings who received money in China, was properly convicted.
27 Mar 1971
The cautioned admissions recorded in police notebooks were voluntary and constituted sufficient prima facie evidence that the appellant was either the unknown telephone caller or an active and knowing participant in the telephone deceptions; that link rendered the detailed telephone conversations admissible and, together with the other evidence, was sufficient to prove the offences beyond reasonable doubt; the convictions and the aggregate 18-month sentence were therefore upheld.
30 Apr 1970
The convictions for uttering forged documents are upheld because there was ample evidence that the appellant handed forged documents to the complainant who believed them to be genuine; the fact that multiple documents were charged separately despite being handed over in one transaction did not invalidate the convictions though it was undesirable; application for leave to appeal dismissed and sentences affirmed to run from date of conviction.
24 Oct 1969
Convictions for obtaining money by false pretences (counts 1,3,4,5) were quashed because the trial judge's repeated description of complainants as 'accomplices' showed he accepted they were not deceived and had paid voluntarily, negating the essential element of false pretence; convictions for uttering forged Letters of Appointment (counts 2,8,10,11) were upheld because the forgeries were proved, the appellant knew they were forged and intended that they be used in a way that would induce others to act to their detriment (satisfying intent to defraud); sentences were manifestly excessive give…
12 Aug 1969
The payment of $40 was held to have been made involuntarily as a direct consequence of a veiled threat by a police constable and therefore the conviction for obtaining money by false pretences (which requires a voluntary payment induced by false representation) was unsustainable and was quashed; the conviction for demanding/obtaining money with menaces was supported by the evidence and must stand; sentence reduced from 18 to 9 months because imprisonment is appropriate for a police officer in such an offence but the original term was excessive.
29 Mar 1969
Leave to appeal was refused because the sentences of five years on each count were within judicial discretion given the appellant's repeated similar offences and prior convictions; the court held there is no rule requiring volunteered offences to be left uncharged and that confessions or guilty pleas do not automatically establish contrition — assessment of contrition and appropriate sentencing is for the trial judge; District Judges constrained by the five‑year limit must impose that maximum where appropriate.
29 Mar 1969
Leave to appeal was refused; the court held there is no rule that offences first revealed by an accused must be left uncharged, prosecutorial discretion determines charging, trial judges retain sentencing discretion (subject to jurisdictional limits) and volunteered confessions do not automatically mandate leniency without judicial assessment of true contrition.
4 Dec 1968
Because the charge was ambiguous and failed to give the necessary particulars, the appellant was not properly informed and his guilty plea could not stand; admissions in the brief facts did not cure the defective particulars, so the proper remedy was to set aside the conviction and sentence and remit the case with amended particulars to the magistrate.