R v. Boskovitz [1999] NSWCCA 437

New South Wales Court of Criminal Appeal CITATION : R v. Boskovitz [1999] NSWCCA 437 FILE NUMBER(S) : CCA 060633/98 HEARING DATE(S) : 14 April 1999, 7 May 1999 JUDGMENT DATE : 20 December 1999

PARTIES : Regina v. Katy Rachelle Boskovitz JUDGMENT OF : Wood CJatCL at 1; Hidden J at 2; Smart AJ at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 93/11/1052; 94/11/0342 LOWER COURT JUDICIAL OFFICER : Shillington DCJ

COUNSEL : M A McGregor QC (Appellant) T Game SC and D Jordan (Crown Respondent) SOLICITORS : Jeffreys & Associates (Appellant) Commonwealth Director of Public Prosecutions (Respondent) CATCHWORDS : Criminal Law - knowingly making false statements with intent to obtain financial advantage; senior executive and company directors' statements to obtain and maintain credit facilities; false impression created; admissibility of prejudicial evidence to establish knowledge; adequacy of summing up; sentencing; relationship of public deterrence and subjective factors; duties of directors and company executives.; overwhelming Crown case ACTS CITED : Crimes Act 1900, s. 178BB Evidence Act 1995, ss. 56, 101, 137 Lock (1997) 91 A Crim R 356 AH 98 A Crim R 71 Fraser CCA, unreported 10 August 1998 Domican (1992) 173 CLR 555 Zorad (1990) 19 NSWLR 91 Piazza (1997) 94 A Crim R 459 CASES CITED: Maslen v. Shaw (1995) 79 A Crim R 199 Kylsant (1932) 1 KB 442 Aaron's Reefs Ltd v. Twiss (1896) AC 273 McDonald (FCA) (1994) 71 A Crim R 370 Corbett (1991) 52 A Crim R 112 Pantano (1990) 49 A Crim R 328 Hawkins (1989) 45 A Crim R 430 DECISION : Appeal against conviction on each count dismissed. Leave to appeal against sentences granted. Appeal against sentences allowed, sentences quashed. In lieu of the sentences imposed, the appellant is sentenced on each count to a minimum term of 2 years 3 months starting on 2 October 1998 and ending on 1 January 2001 and an additional term of 1 year 9 months starting on 2 January 2001.