NSW Caselaw
New South Wales District Court
CITATION: R v Damon Charles Miller [2009] NSWDC 331
HEARING DATE(S): 23/7/09-24/7/09, 27/7/09-31/7/09, 7/8/09, 10/8/09-11/8/09
JUDGMENT DATE: 21 August 2009
JURISDICTION: District Court Criminal
JUDGMENT OF: Knox SC DCJ
Count 1 The accused is acquitted of this count. Count 2 The accused is found guilty and is convicted on this count. Count 3 DECISION: The accused is found guilty and is convicted on this count. Count 4 The accused is found guilty and is convicted on this count. Count 5 The accused is found guilty and is convicted on this count. Count 6 The accused is found guilty and is convicted on this count.
CATCHWORDS: Fraud - Judge alone trial - Directions - Deception - Representation as a solicitor - Power of attorney - Use false instrument
Crimes Act 1900 LEGISLATION CITED: Criminal Procedure Act 1986 District Court Rules 1973
Fleming v R (1998) 197 CLR 250 Peters v R (1991) 92 CLR 493 R v Hamilton (1991) 92 Cr App R 54 CASES CITED: R v Love (1989) 18 NSWLR 608 R v Minani [2005] NSWCCA 226 R v Perry (1993) 29 NSWLR 589 R v Simmonds (VIC CCA, 29/10/92, unreported)
PARTIES: The Crown Mr Damon Charles Miller
FILE NUMBER(S): 2007/12987
COUNSEL: Mr E Moberley (The Crown) Mr M Pickin (Offender)
SOLICITORS: NSW DPP Nyman Gibson Stewart
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