R v NAIME [2008] NSWDC 193

New South Wales District Court

CITATION: R v NAIME [2008] NSWDC 193

HEARING DATE(S): 2 November 2007 JURISDICTION: Crime

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: CRIMINAL LAW - false pretences and other frauds and impositions - obtaining by deception and making a false statement

LEGISLATION CITED: Crimes Act 1900 ss 178 BA, 178 BB

PARTIES: Regina Mary NAIME

FILE NUMBER(S): 2006/21/1063; 2006/00013638

SOLICITORS: Crown: M Cinque Defence: M Grew

JUDGMENT

Overview

1 The accused was employed as a bookkeeper by Landilo Staircases Pty Ltd (Landilo), which was owned by her brother, Joe Sukkar. On 29 May 2002, the accused set up a second business account for Landilo (count 1).

2 Between May 2002 and May 2003, monies were moved between Landilo's primary business account (Account 1), the second account (Account 2), and personal accounts of the accused and/or her husband, Michael Naime (counts 2 - 20). These related account transfers were effected by cheque deposit and/or telephone transfer. They created a credit balance in Account 1 that was falsely inflated for one working day. The transactions concealed the real position, which was that, on 1 November 2002, Account 1 became overdrawn, and it remained overdrawn until May 2003. The Crown alleged that the accused was a gambler and the cheque/telephone transfers were probably motivated by her gambling.

3 The Crown alleged that, on other occasions, the accused used a keycard to withdraw company monies from Account 1 at a St Marys Leagues Club ATM, probably for the purpose of gambling.

4 The accused said that, on the occasions when she did effect cheque/telephone transfers or make ATM withdrawals, she did so at the direction of Mr Sukkar. She did not intend to gain any financial advantage. Insofar as she retained monies, she gained no financial advantage because the monies represented the payment of wages or the repayment of loans which Mr Sukkar or Llandilo owed to her and her husband.