Hughes v R [2021] NSWCCA 238

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hughes v R [2021] NSWCCA 238 Hearing dates: 13 August 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Before: Payne JA at [1]; Wilson J at [53]; Fagan J at [54] Decision: Leave to appeal refused. Catchwords: CRIME — appeals — appeal against conviction — where applicant had entered a plea of guilty to one "rolled up" count of obtaining a financial advantage by deception contrary to s 192E(1)(b) of the Crimes Act 1900 (NSW) — where applicant sought leave to appeal on the basis that the conviction was wrong in law and the element of deception was not made out — where applicant had by her guilty plea admitted all of the elements of the offence — no miscarriage of justice — leave to appeal refused CRIME — fraud — dishonestly obtain financial advantage by deception — causation — meaning of "obtain" — meaning of "keep a financial advantage that one has" — Crimes Act 1900 (NSW), s 192D(1)(c) CRIME — fraud — meaning of "deception" — where relevant deception was the "fraudulent transfer of money" — Crimes Act 1900 (NSW), s 192E Legislation Cited: Crimes Act 1900 (NSW), ss 192B(1), 192D, 192E Criminal Appeal Act 1912 (NSW), s 5(1)(b) Criminal Procedure Act 1986 (NSW), s 166(1)(b) Cases Cited: Attorney-General's Application pursuant to s 108 Crimes (Appeal and Review) Act 2001 (NSW): Re Robert Burton (a pseudonym) [2021] NSWCCA 87 Bobbe v R (No 2) [2021] NSWCCA 150 Clarkson v R [1987] VR 962 Decision restricted [2019] NSWCCA 43 Director of Public Prosecutions v Ray [1974] AC 370 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Flack v R [2011] NSWCCA 167 Ho and Szeto v R (1989) 39 A Crim R 145 Layt v R [2020] NSWCCA 231 Maxwell v The Queen (1996) 184 CLR 501 Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41 Milne v The Queen (2014) 252 CLR 149; [2014] HCA 4 National Commercial Banking Corporation of Australia Ltd v Batty (1986) 160 CLR 251; [1986] HCA 21 R v Clucas [1949] 2 KB 226 R v Glynatsis [2013] NSWCCA 131; (2013) 230 A Crim R 99 R v Murphy [1965] VicRp26; [1965] VR 187 R v Sagiv (1986) 22 A Crim R 73 R v Toro-Martinez [2000] NSWCCA 216 Category: Principal judgment Parties: Tracey Louise Hughes (Applicant) Crown (Respondent) Representation: Counsel: M Higgins and M Keaney (Applicant) B Hatfield (Crown)