Gorgis v R [2021] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gorgis v R [2021] NSWCCA 31 Hearing dates: 31 August 2020 Decision date: 15 March 2021 Before: Hoeben CJ at CL at [1] Button J at [2] N Adams J at [99] Decision: (1) Leave to appeal against conviction granted. (2) Appeal against conviction dismissed. Catchwords: CRIME — dishonestly obtain financial advantage by deception — plea of guilty entered and agreed facts signed whilst represented — co-accused in joint criminal enterprise acquitted by direction at subsequent trial — application for withdrawal of guilty plea refused — where guilty plea said to be entered for convenience and not genuine consciousness of guilt — asserted defect in Crown case with regard to causation Legislation Cited: Crimes Act 1900 (NSW), s 192E Criminal Appeal Act 1912 (NSW), s 6 Cases Cited: Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9; 93 ALJR 424 Meissner v the Queen (1995) 184 CLR 132; [1995] HCA 41 R v Ho (1989) 39 A Crim R 145 R v Prasad (1979) 23 SASR 161 R v SL [2004] NSWCCA 397 R v Thalari (2009) 75 NSWLR 307; [2009] NSWCCA 170 Wong v DPP (NSW) [2005] NSWSC 129; (2005) 155 A Crim R 37 Category: Principal judgment Parties: Alan Gorgis (Applicant) Regina (Respondent) Representation: Counsel: D Edwardson QC with N Mikhaiel (Applicant) M Millward (Respondent)