Boscolo v Regina [2000] NSWCCA 356

New South Wales Court of Criminal Appeal

CITATION : Boscolo v Regina [2000] NSWCCA 356 FILE NUMBER(S) : CCA 60568/97 HEARING DATE(S) : 10 July 2000 JUDGMENT DATE : 7 September 2000

PARTIES : Sylvia Boscolo v Regina JUDGMENT OF : Meagher JA at 1; Grove J at 16; Kirby J at 17

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/0527 LOWER COURT JUDICIAL Taylor DCJ OFFICER :

COUNSEL : Appellant: P. Lowe Respondent: P. Hock SOLICITORS : Appellant: Horowtiz & Bilinsky Respondent: S.E. O'Connor CATCHWORDS : Appeal against conviction and sentence - Crimes Act s300 - insufficient territorial nexus to ground prosecution - s.305 Crimes Act "prejudice" - false instrument - withdrawal of caveat - property in Western Australia LEGISLATION CITED : ss. 300, 305 Crimes Act, 1900. DECISION : 1. Appeal allowed; 2. Convictions and sentence quashed

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s300 CRIMES ACT 1900-USE FALSE INSTRUMENT-WITHDRAWAL OF CAVEAT-WHERE PROPERTY SITUATED IN WESTERN AUSTRALIA-JURISDICTION OF COURT TO HEAR TRIAL-APPEAL AGAINST SENTENCE

Facts: The appellant accused was charged with 2 counts under s300(1) Crimes Act 1900, making a false instrument, and 2 counts under s300(2) Crimes Act 1900, using a false instrument. The charges were brought as a result of her allegedly having forged her ex-husband's signature on two caveat documents which had been issued over properties in Western Australia. The accused pleaded not guilty. A jury was unable to reach a verdict on the counts of making a false instrument, but returned a guilty verdict in relation to the counts of using a false instrument. The accused appealed against sentence and made the following submissions: 1. There was no geographical nexus between the use of the false instrument in Western Australia and the state of New South Wales. 2. The withdrawal of the caveats caused no prejudice to another for the purposes of s300(2)(b) Crimes Act 1900. The Crown submitted that prejudice had occurred to Mr Boscolo for the purposes of the Act, as he was not given an opportunity to be informed of the removal of the caveats.