NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v George Adler [2002] NSWCCA 180 FILE NUMBER(S) : CCA 60005/01 HEARING DATE(S) : 11 March 2002 JUDGMENT DATE : 20 May 2002
PARTIES : George Adler (Appellant) Crown (Respondent) JUDGMENT OF : Spigelman CJ at 1; Barr J at 2; Bergin J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/11/0107 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :
COUNSEL : Mr C Jeffreys, Solicitor (Appellant) Mr R Hulme (Respondent) SOLICITORS : Jeffreys & Associates (Appellant) S E O'Connor (Respondent) CATCHWORDS : Appellant convicted of 11 counts of dishonestly obtaining by deception cheques totalling $69,380 (s.178BA Crimes Act 1900(NSW)) - An essential element of offences charged was an alleged representation that the money was for an investment in shares - Trial Judge directed the jury to entirely dismiss from their minds any thoughts of the money changing hands as a result of a loan - Whether the jury should have been able to consider a loan as a possible rational alternative hypothesis. LEGISLATION CITED : Criminal Appeal Act 1912 (NSW) Barca v The Queen (1975) 133 CLR 82 Festa v The Queen (2001) 76 ALJR 291 CASES CITED: Gilbert v The Queen (2000) 201 CLR 414 KRM v The Queen (2001) 75 ALJR 550 R v Al-Khair, unreported NSWCCA, Gleeson CJ, Priestley JA and Wood J, 20 June 1994. Whittaker v The Queen (1993) 68 A Crim R 476 DECISION : See para 138
- 1 -IN THE COURT OF CRIMINAL APPEAL 60611/01 SPIGELMAN CJ BARR J BERGIN J
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