Regina v Centraco [2005] NSWCCA 11

New South Wales Court of Criminal Appeal

CITATION: Regina v Centraco [2005] NSWCCA 11

HEARING DATE(S): 12 November 2004

JUDGMENT DATE: 16 February 2005

JUDGMENT OF: Hidden J at 1; Howie J at 19; Hislop J at 20

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW: - Appeal against conviction - Charges of obtaining money or a financial advantage by deception - Alleged defrauding of employer - Admissibility of evidence of appellant's acknowledgment of debt to employer - Adequacy of directions about that evidence

Crimes Act LEGISLATION CITED: Evidence Act

R v Cook (2004) NSWCCA 52 CASES CITED: R v Laz [1998] 1 VR 453

Regina PARTIES: Anna Maria Centraco

FILE NUMBER(S): CCA 2004/1824CCAP

S Odgers SC with H Dhanji (appellant) COUNSEL: D Woodburne (Crown)

Murphys Lawyers Inc (appellant) SOLICITORS: S. Kavanagh - Solicitor for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/21/3420

LOWER COURT JUDICIAL OFFICER: Moore ADCJ

IN THE COURT OF CRIMINAL APPEAL 2004/1824

HIDDEN J HOWIE J HISLOP J

16 February 2005 REGINA v Anna Maria CENTRACO Judgment 1 HIDDEN J: The appellant, Anna Maria Centraco, was tried in the District Court upon an indictment containing three counts of obtaining either money or a financial advantage by deception, each of them an offence under s178BA of the Crimes Act. She was found guilty of all the counts and, in due course, was sentenced on each of them to imprisonment for four years with a non-parole period of eighteen months, to be served concurrently. However, she had by then lodged an appeal against conviction, and on the day sentence was passed the trial judge released her on bail pending the outcome of the appeal. It is that appeal, against conviction only, which is before this Court.