Dimitriou v R [2025] NSWCCA 18

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dimitriou v R [2025] NSWCCA 18 Hearing dates: 2 October 2024 Decision date: 24 February 2025 Before: Mitchelmore JA at [1]; Basten AJA at [172]; Wright J at [183] Decision: (1) Leave to rely on ground 1 in support of the conviction appeal is refused. (2) Grant leave to appeal on grounds 2-5 in support of the conviction appeal. (3) Dismiss the conviction appeal. (4) Grant leave to appeal against sentence. (5) Dismiss the sentence appeal. Catchwords: CRIME — fraud — dishonestly cause financial disadvantage by deception — directions as to elements of offence — whether a further mental element applies to financial disadvantage outcome element — where point not raised below CRIMINAL PROCEDURE — trial — judge alone — character evidence — whether sufficient consideration given to own directions about character evidence — impact of prior good character on likelihood of offending CRIMINAL PROCEDURE — trial — judge alone — witness evidence — warnings — unreliable evidence — whether trial judge had proper regard to own directions as to reliability of witnesses — where witnesses may have been involved or culpable in offending conduct CRIME — appeals — appeal against conviction — unreasonable verdict — whether crown proved elements of offence beyond reasonable doubt CRIME — appeals — appeal against conviction — miscarriage of justice — whether charged conduct described differently in indictment, crown case, and trial judge's directions — whether applicant "submitted" falsified documents to bank — whether sufficient that applicant caused falsified documents to be submitted to bank CRIME — appeals — appeal against sentence — taking into account an irrelevant consideration — misapplication of principle — fraud — whether corollary deception and breach of trust relevant CRIME — appeals — appeal against sentence — misapplication of principle — specific deterrence — whether error in conclusion that specific deterrence not mitigated by prior good character and lack of subsequent offending Legislation Cited: Crimes Act 1900 (NSW), ss 4B, 192B, 192D, 192E, 192F, 192G Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Criminal Code Act 1995 (Cth), ss 134.1, 134.2, 135.1 Criminal Procedure Act 1986 (NSW), s 133 Evidence Act 1995 (NSW), s 165 Cases Cited: AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8 Attorney-General's Application pursuant to s 108 Crimes (Appeal and Review) Act 2001 (NSW); Re Robert Burton (a pseudonym) [2021] NSWCCA 87 Baker v R [2023] NSWCCA 262 Barwick v R [2023] NSWCCA 139 Bazouni v R [2021] NSWCCA 256 Cook (a pseudonym) v R [2022] NSWCCA 282 Constantinidis v R; Lazar v R [2022] NSWCCA 4 Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25 DL v The Queen (2018) 266 CLR 1; [2018] HCA 26 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Flack v R [2011] NSWCCA 167 Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68 He Kaw Teh v The Queen (1985) 157 CLR 523 at 569-570; [1985] HCA 43 Hughes v R [2021] NSWCCA 238 McKittrick v R [2014] NSWCCA 128 McMahon v R [2011] NSWCCA 147 Melbourne v The Queen (1999) 198 CLR 1; [1999] HCA 32 Rassi v R [2023] NSWCCA 119 R v SKL; R v JY; R v XGL [2019] NSWCCA 43 Salameh v R [2024] NSWCCA 239 Totaan v R (2022) 108 NSWLR 17; [2022] NSWCCA 75 Wade v R [2018] NSWCCA 85 Texts Cited: P Herzfeld and T Prince, Interpretation (3rd ed, Law Book Co, 2024) Category: Principal judgment Parties: George Dimitriou (Applicant) Rex (Respondent) Representation: Counsel: C Parkin (Applicant) S Lind (Respondent)