Regina v Haidar-Wardak [2002] NSWCCA 35

Reported Decision : (2002) 132 A Crim R 1

New South Wales Court of Criminal Appeal

CITATION : Regina v Haidar-Wardak [2002] NSWCCA 35 FILE NUMBER(S) : CCA 60708/01 HEARING DATE(S) : 20/2/02 JUDGMENT DATE : 2 July 2002

PARTIES : Abdullah Haidar-Wardak (Appellant) Regina (Respondent) JUDGMENT OF : Meagher JA at 1; Wood CJ at CL at 2; Bell J at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0163 LOWER COURT JUDICIAL Holt DCJ OFFICER :

COUNSEL : G I O Rowling (Regina) G Jauncey (Appellant) SOLICITORS : S E O'Connor Jack Rigg (Appellant)

Crimes Act 1915 (Vic) LEGISLATION CITED : Criminal Appeal Act 1912 Criminal Procedure Act 1986 DPP (Nauru) v Fowler (1984) 154 CLR 627 CASES CITED: R v O'Sullivan (1925) VLR 515 R v Tripodina (1988) 35 A Crim R 183 DECISION : Leave granted pursuant to r 4 of the Criminal Appeal Rules; Appeal allowed; Quash the conviction recorded in the District Court; Verdict of acquittal substituted

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60708/01 MEAGHER JA WOOD CJ at CL BELL J

Tuesday 2 July 2002 REGINA v Abdullah HAIDAR-WARDAK

Judgment 1 MEAGHER JA: I agree with Bell J. 2 WOOD CJ at CL: I have read in draft form the judgment of Bell J. I agree with the orders proposed, and with the reasons of her Honour. 2 BELL J: On 8 August 2001 the appellant was arraigned before Holt ADCJ in the Sydney District Court on an indictment charging him: "For that he on 9 June 2000 at Sydney in the State of New South Wales did falsely pretend to Mark Burridge an officer of Westpac Banking Corporation that certain documents presented to him and purporting to be US Federal Reserve Bonds and US Federal Reserve Notes to the value of $US 3,200,000,000 were genuine documents and were then of that value by means of which false pretence he attempted to obtain a number of safekeeping receipts with intent to defraud".