Suman SOOD v Regina [2006] NSWCCA 114

Reported Decision : 165 A Crim R 453

New South Wales Court of Criminal Appeal

CITATION: Suman SOOD v Regina [2006] NSWCCA 114 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14 February 2006

JUDGMENT DATE: 12 April 2006

JUDGMENT OF: Spigelman CJ at 1; Simpson J at 114; Adams J at 137

DECISION: 1. Appeal Allowed.; 2. Conviction and sentence quashed.; 3. New trial ordered.

CATCHWORDS: CRIMINAL LAW – Appeal – Against Conviction – Particular offences – Dishonestly obtaining a benefit by deception, s134.2 Criminal Code Act 1995 (Cth). - CRIMINAL LAW – Elements of statutory scheme – Whether question of entitlement one of law or fact – Meaning of "with respect to". - CRIMINAL LAW – Practice and Procedure – Whether trial judge made a ruling or gave a direction to jury on question of entitlement. - CRIMINAL LAW – Practice and Procedure – Whether directions on dishonesty constituted a miscarriage of justice, s134.1 Criminal Code Act 1995 (Cth). - CRIMINAL LAW – Practice and Procedure – Whether a new trial should be ordered.

LEGISLATION CITED: Criminal Code Act 1995 (Cth): s130.3, s134.1, 134.2 Health Insurance Act 1973 (Cth): s20, s20A

Collector of Customs v AGFA-Gevaert Ltd (1995) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Dalima Pty Ltd v Commonwealth of Australia (New South Wales Supreme Court, unreported, 22 October 1987) Hope v Bathurst City Council (1980) 144 CLR 1 CASES CITED: Peters v The Queen (1998) 192 CLR 493 R v Petroulias (2005) 62 NSWLR 663 Vetter v Lack Macquarie City Council (2001) 202 CLR 439 Wonall Pty Limited v Clarence Property Corporation Limited (2003) 58 NSWLR 23 Workers' Compensation Board of Queensland v Technical Products Pty Ltd (1988) 165 CLR 642