R v Abouhassoun [2010] NSWDC 287

New South Wales District Court

CITATION: R v Abouhassoun [2010] NSWDC 287

HEARING DATE(S): 3 and 4 March 2010

JUDGMENT DATE: 4 March 2010

JURISDICTION: Criminal Jurisdiction

JUDGMENT OF: Johnstone DCJ

DECISION: The conviction is quashed, and the orders of the learned Magistrate are revoked.

CATCHWORDS: CRIMES - conviction appeal - appellant convicted on 211 charges of false or misleading statements made with the intention of obtaining money being alleged false claims under the Taxi Transport Subsidy Scheme (TTSS) - unreliable essential Crown witness - reasonable doubt - prosecution case not made out

LEGISLATION CITED: Crimes Act 1900 - s178BB Transport Administration Act 1985

PARTIES: Crown Ramzi Abouhassoun (Appellant)

FILE NUMBER(S): 08/6363 - 4 081 - 100

COUNSEL: Mr P O'Donnell (Crown) Mr Parente (Appellant)

REASONS FOR JUDGMENT

1. This is a conviction appeal from the decision of the Local Court on 30 April 2008 when the appellant was found guilty of 211 offences under s178BB of the Crimes Act 1900 involving alleged false or misleading statements made with the intention of obtaining money. s178BB(1) provides: "Whosoever with intent to obtain for himself or herself or another person any money or valuable thing or financial advantage of any kind whatsoever, makes or publishes or concurs in the making or publishing any statement (whether or not in writing) which he or she knows to be false or misleading in a material particular or which is false or misleading in a material particular and is made with reckless disregard as to whether it is true or is false or misleading in a material particular, shall be liable to imprisonment for five years". 2. The Department's case, in summary, is that between 1 July and 31 August 2005, the appellant made 211 false claims under the Taxi Transport Subsidy Scheme (TTSS) administered by the Ministry of Transport.