R v. Damien PARKES [2004] NSWCCA 377

New South Wales Court of Criminal Appeal

CITATION : R v. Damien PARKES [2004] NSWCCA 377 HEARING DATE(S) : 13 August 2004 JUDGMENT DATE : 5 November 2004

JUDGMENT OF : Hodgson JA at 1; Hulme J at 80; Smart AJ at 81 DECISION : 1. Appeal against conviction dismissed. 2. Leave to appeal against sentence refused.

CATCHWORDS : CRIMINAL LAW - Appeal against conviction - Plea of guilty - Application to withdraw plea dismissed by District Court judge - Principles applicable on appeal. PARTIES : Damien Parkes - appellant Regina - respondent FILE NUMBER(S) : CCA 60142/04 COUNSEL : The appellant appeared for himself Robert Sutherland SC for respondent SOLICITORS : Commonwealth Director of Public Prosecutions, Sydney for Crown/respondent

LOWER COURT District Court JURISDICTION : LOWER COURT DC 01/11/0150 FILE NUMBER(S) : LOWER COURT Christie DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL CCA 60142/04 DC 01/11/0150

HODGSON JA HULME J SMART AJ

Friday 5 November 2004 R. V. PARKES, Damien Judgment 1 HODGSON JA: On 14 June 2001, the appellant, represented by Mr. Gelbert of Counsel, pleaded guilty before Armitage DCJ on two charges under ss.232(6) and 1317FA(1) of the Corporations Law, as taken to be included in the Corporations Act by s.1401 of that Act, namely: (i) On or about 8 July 1996 at Sydney in the State of New South Wales, while an officer of Schoeller Australia Limited ("Schoeller") knowingly and dishonestly and intending to gain, directly or indirectly, an advantage for himself and Catherine Parkes made improper use of his position as such an officer by causing Schoeller to pay the sum of $10,000 to Barrack Mortgage Managers Pty Limited.