Belan v R [2020] NSWDC 715

District Court New South Wales

Medium Neutral Citation: Belan v R [2020] NSWDC 715 Hearing dates: 29 May 2020; 11 August 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: In respect of SEQ 46 & 64, the conviction appeal is upheld and the conviction and orders of the learned magistrate are quashed. In respect of all other matters listed today: The conviction appeal is dismissed. The conviction is confirmed. The sentence appeal is SOPH to 23 October 2020 at 10 a.m. Bail is refused. Catchwords: CRIMINAL – appeal against conviction – 58 counts of dishonestly obtaining a financial advantage or causing a financial disadvantage by deception – 1 count of participating in a criminal group by directing any of the activities of the group - duplicity – credibility and demeanour Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Interpretation Act 1987 (NSW). Cases Cited: R v SKL; R v JY; R v XGL [2019] NSWCCA 43 Category: Principal judgment Parties: Derrick Belan Regina Representation: Counsel: Appellant: Mr S Lawrence, Mr A Duc Respondent: Mr C Evans

Solicitors: Appellant: Mr H Ginges Respondent: Ms M Tam File Number(s): 2016/00344587 Decision under appeal Court or tribunal: Local Court New South Wales Jurisdiction: Criminal Date of Decision: 18 June 2018 Before: Ms E Ellis LCM File Number(s): 2016/00344587