Evans v Regina [2006] NSWCCA 349

New South Wales Court of Criminal Appeal

CITATION: Evans v Regina [2006] NSWCCA 349

HEARING DATE(S): 12 October 2006

JUDGMENT DATE: 3 November 2006

JUDGMENT OF: Tobias JA at 1; Grove J at 48; Bell J at 49

DECISION: (a) Appeal against conviction dismissed; (b) Grant leave to appeal against sentence but dismiss the appeal

CATCHWORDS: CRIMINAL LAW – appeal against conviction and sentence – fraudulent receipt of Commonwealth benefits – form of grounds of appeal

LEGISLATION CITED: Crimes Act 1914 Criminal Code

CASES CITED: None

PARTIES: Greg Evans Regina

FILE NUMBER(S): CCA 2006/1534 CCAP

COUNSEL: A: Self-represented R: G Bellew SC

SOLICITORS: A: Self-represented R: Commonwealth Director of Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0026

LOWER COURT JUDICIAL OFFICER: G D Woods

LOWER COURT DATE OF DECISION: 12 August 2006

IN THE COURT OF CRIMINAL APPEAL CCP 2006/1534

TOBIAS JA GROVE J BELL J

Friday 3 November 2006 GREG EVANS v REGINA Judgment 1 TOBIAS JA: On 14 July 2004 the appellant pleaded not guilty before his Honour Judge Woods and a jury to an Indictment containing the following counts: 1. That he, between about 14 August 1985 and 23 May 2001, at Sydney and elsewhere in the State of New South Wales, did defraud the Commonwealth in that he obtained benefits in the name of Greg Evans to which he was not entitled as he was also in receipt of benefits in the name of Gregory Evangelatos.