Regina v Chacos [2003] NSWCCA 4

New South Wales Court of Criminal Appeal

CITATION : Regina v Chacos [2003] NSWCCA 4 HEARING DATE(S) : 21 October 2002 JUDGMENT DATE : 6 February 2003

JUDGMENT OF : Heydon JA at 1; Hulme J at 104; Hidden J at 105 DECISION : Appeal dismissed

CATCHWORDS : Criminal law - obtaining money by deception - appeal against conviction - verdict unreasonable or could not be supported having regard to the evidence - beyond reasonable doubt - standard of proof - independent assessment of the evidence - reasonable for jury to convict - dishonestly obtained financial advantage - inducement - demand - protection payments - credibility - reliability of witness - source of funds LEGISLATION CITED : Crimes Act 1900 Criminal Appeal Act 1912 CASES CITED : M v R (1994) 181 CLR 487 R v Dellapatrona (1993) 31 NSWLR 123 PARTIES : Regina v Arthur George Chacos FILE NUMBER(S) : CCA 60023/02 COUNSEL : Mr M Thangaraj (Appellant) Mr P Ingram (Respondent) SOLICITORS : Vandenberg Reid (Appellant) S E O'Connor (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT 00/41/0061 FILE NUMBER(S) : LOWER COURT J B Phelan DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60023/02

HEYDON JA HULME J HIDDEN J

6 February 2003 R v Arthur George CHACOS Judgment 1 HEYDON JA: On 19 September 2001 the appellant was convicted on 23 counts of obtaining money by deception contrary to s 178BA of the Crimes Act 1900 after a trial presided over by Judge J B Phelan DCJ lasting eleven days. He appeals against conviction on the ground that the jury verdict "was unreasonable or could not be supported having regard to the evidence".