Chung v R [2024] NSWCCA 71

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chung v R [2024] NSWCCA 71 Hearing dates: 22 April 2024 Date of orders: 13 May 2024 Decision date: 13 May 2024 Before: Basten AJA at [1]; Campbell J at [73]; Cavanagh J at [74] Decision: (1) With respect to grounds 2, 3, 4 and 5, refuse leave to appeal. (2) With respect to grounds 1 and 6, grant leave, but dismiss the appeal. Catchwords: CRIME – appeals – appeal against conviction – fraud – dishonestly obtaining financial advantage by deception – offender overpaid herself salary, overtime and superannuation – problem gambling – evidence of offender's ATM withdrawals at casino – whether relevant and not unfairly prejudicial EVIDENCE – cross-examination – whether trial judge erred in not allowing defence questions directed to motivation to lie – whether questioning capable of supporting an inference that witness had motivation to lie – questions peripheral and not capable of supporting the inference sought by the defence CRIMINAL PROCEDURE – appeal – directions to jury – jury directed that monetary amount in each count on the indictment need not be proven beyond reasonable doubt – particulars are not elements of offence – only elements required to be proved beyond reasonable doubt CRIMINAL PROCEDURE – appeal – directions to jury – whether summing up unbalanced – summation to be examined as a whole – whether trial judge dismissive of defence case Legislation Cited: Crimes Act 1900 (NSW), s 192E(1) Criminal Appeal Act 1912 (NSW), s 5(1) Evidence Act 1995 (NSW), s 137 Cases Cited: Doney v The Queen (1990) 171 CLR 207; [1990] HCA 51 Fantakis v R [2023] NSWCCA 3 Hofer v The Queen (2021) 274 CLR 351; [2021] HCA 36 R v Passmore (2021) 110 NSWLR 293; [2021] NSWCCA 201 The Queen v A2 (2019) 269 CLR 507; [2019] HCA 35 Category: Principal judgment Parties: Yvonne Chung (Appellant) Rex (Respondent) Representation: Counsel: B Levet (Appellant) S Lind (Respondent)