NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v McFarlane [2024] NSWDC 193 Hearing dates: 11, 12 and 13 March 2024 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Verdict: Not guilty of Count 1 — Guilty of Count 2 Catchwords: CRIME — Fraud — Dishonestly cause financial advantage by deception CRIME — Property offences — Enter dwelling-house with intent to commit serious indictable offence — Circumstances of aggravation CRIMINAL PROCEDURE — Trial — Judge alone — Reasons of trial judge EVIDENCE — Discretions — Judicial Notice — Assessment of evidence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: AK v Western Australia [2008] HCA 8; 232 CLR 438 Coombes v Rodes and Traffic Authority & Ors [2006] NSWCA 229 Fleming v The Queen (1998) 197 CLR 250 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 R v Baden-Clay [2016] HCA 35; 258 CLR 308 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Micheal McFarlane (the accused) Public Prosecutions (NSW) (Crown) Representation: Counsel: P Williams (for the accused) C Todd (for the Crown)
Solicitors: Dillon-Smith Lawyers (for the accused) Public Prosecutions (NSW) (Crown) File Number(s): 2022/343336
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