NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v. Bates, Philip [2007] NSWCCA 297
HEARING DATE(S): 2 October 2007
JUDGMENT DATE: 22 October 2007
JUDGMENT OF: Hodgson JA at 1; Hislop J at 26; Latham J at 27
DECISION: Both questions in the stated case answered yes.
CATCHWORDS: CRIMINAL LAW - Case stated from District Court - Double jeopardy - Whether Court of Criminal Appeal can quash an acquittal - Whether it should do so - TAXATION - Failure to furnish an approved form when and as required - Written notice requiring taxation returns by a specified date - Extension of time requested and not responded to - Question of fact as to what was required by the Commissioner - Whether offence proved
Criminal Appeal Act 1912 (NSW) s.5B LEGISLATION CITED: Income Tax Assessment Act 1936 (Cth) s.162 Taxation Administration Act 1953 (Cth) s.8C, Schedule 1 par.388-55 Criminal Code 1995 (Cth) ss.6.2, 13.3
Attorney-General for the State of New South Wales v. X [2000] NSWCA 199, 49 NSWLR 653 CASES CITED: R v. Sirocic [2000] NSWCCA 325 Robinson v. Woolworths Limited [2005] NSWCCA 426 The Australian Gaslight Company v. The Valuer-General (1940) 40 SR(NSW) 126
PARTIES: Regina - Crown Philip Bates - Opponent
FILE NUMBER(S): CCA 2007/3294
COUNSEL: Mr. M. Buscombe for appellant Crown Mr. D. Raphael with Ms. Ketas for respondent
SOLICITORS: Commonwealth Director of DPP, Sydney for appellant Johnson Winter & Slattery, Sydney for respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 06/12/1039
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