Regina v Van Tongeren [2000] NSWCCA 522

New South Wales Court of Criminal Appeal

CITATION : Regina v Van Tongeren [2000] NSWCCA 522 FILE NUMBER(S) : CCA 60070/00 HEARING DATE(S) : 21 August 2000 JUDGMENT DATE : 11 December 2000

PARTIES : Regina v Cornelia Elizabeth Van Tongeren JUDGMENT OF : Heydon JA at 1; Smart AJ at 2; Ireland J at 49

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 92/21/1109 LOWER COURT JUDICIAL Backhouse DCJ OFFICER :

COUNSEL : (A) T Molomby (R) R D Cogswell SC SOLICITORS : (A) D J Humphreys (R) S E O'Connor CATCHWORDS : Criminal Law - dishonestly obtaining money or an advantage - verdicts not inconsistent - no miscarriage - need to consider each count and facts relating to it separately. LEGISLATION CITED : Nil CASES CITED: Nil DECISION : Appeal against convictions dismissed.

, IN THE COURT OF CRIMINAL APPEA L CCA 60070/00 HEYDON AJ SMART AJ IRELAND AJ Monday, 11 December 2000 REGINA v CORNELIA ELIZABETH VAN TONGEREN

JUDGMENT

1 HEYDON JA: I agree with Smart AJ.

2 SMART AJ: Cornelia Elizabeth Van Tongeren appeals against her conviction on one count of by deception dishonestly obtaining money for herself, namely $10,000 on 15 July 1997 and on two counts of by deception dishonestly obtaining a financial advantage for herself namely $20,000 on 14 July 1997 and $6,000 on 4 August 1997 being counts 2, 6 and 7 of the indictment. In each instance she presented a document to the paying bank thereby representing that she was authorised to withdraw the particular funds from the account of her mother-in-law, Catherine Van Tongeren, the complainant. The sum of $10,000 cash was withdrawn from the complainant's account with the National Bank of Australia (National) Emu Plains by the appellant. At her instigation the sums of $20,000 and $6000 were transferred from the complainant's account at Advance Bank (Advance) Penrith into the account of the appellant and her husband, Hank Van Tongeren at the same branch of that bank. The complainant was an elderly lady who was in hospital. As the various events occurred against a tragic background and there were mitigating circumstances, the appellant was given a concurrent and lenient sentence on each count of 50 hours community service.