Stephens, Garry Bowden the Queen [1977] FCA 88

ee Be 1N THL FEDERAL COURT GF AUSTRALTa ) ) 7 QUEENSLAND .......... DISTRICT! RUGLSTRY JQ1d. Ho. G.Lt.... of 1977 ) . GENERAL, ..... +... DIVISION )

On appeal from the Supreme Court of the Northern Territory of Australia.

BETWEEN 2 cece cece c cece e nec ccer ence eeenes

seceeeteseseeertenee Appellant' AND $e ec cece eee Se ee ras . DHE. QUEEN. eee seeaees Respondent QRDER JUDGE(S) MAKING ORDER : ST.JOHN, NORTHROP, TOOHEY JJ. DATE OF ORDER : 30 NOVEMBER, 1977

WHERE MADE ; DARWIN, N.T.

SIE COURT ORDERS THAT: 1. The appeal be dismissed.

2.

3.

Date Entered:

DISTRICT KECISTRAR.

CATCHWORDS

Criminal Appeal - Fraudulent Conversion - written agreement - function of Judge and jury - content of unsworn statement - misdirection incapable of prejudicing appellant - discretion under Section 28

Federal Court of Australia Act 1976.

Garry Bowden Stephens and

The Queen

Qld. No. G.1 of 1977 Before St.John J., Northrop J., Toohey J.

Darwin, 30 November, 1977.

IN THE FEDERAL COURT OF ) ) Qid. No. G.1 of 1977 OF AUSTRALIA )

GENERAL DIVISTON -

On appeal from the Supreme Court of the Northern Territory of Australia.

BETWEEN:

GARRY BOWDEN STEPHENS

Appellant - and - THE QUEEN Respondent REASONS FOR JUDGMENT : Ni Bae 72 2 Leen, P72 Coram: ST.JOHN J.

NORTHROP J. TOOHEY J.

woe

The appellant appeals against his conviction on five counts of fraudulent conversion. The indictments were similarly framed, in each case alleging that between certain dates

in 1975 the appellant, having been entrusted with property, viz. a cheque, "in order that he Garry Bowden Stephens apply or pay the proceeds thereof in accordance with a certain 'building agreement entered into with (the persons therein named, being the drawer or drawers of the cheque

in question) fraudulently converted to his own use and

benefit or the use or benefit of Seatoun Pty. Ltd." the