NSW Caselaw
New South Wales Supreme Court
CITATION : R (Cth) v Petroulias (No. 30) [2007] NSWSC 1119
HEARING DATE(S) : 2 October 2007, 3 October 2007, 4 October 2007, 5 October 2007
JUDGMENT DATE : 8 October 2007
JUDGMENT OF : Johnson J at 1
DECISION : The applications for verdicts by direction with respect to the first and second counts are refused.
CATCHWORDS : CRIMINAL LAW - trial by jury - application for verdict by direction - first count alleges defrauding the Commonwealth contrary to s.29D Crimes Act 1914 (Cth) - elements of causation, dishonest means and deprivation - Crown case that revenue put at risk - what is required for Crown to establish that revenue was put at risk - second count alleges agreeing to receive benefit on understanding that exercise of duty would be affected contrary to s.73 Crimes Act 1914 (Cth) - application for verdicts by direction refused - counts under s.29D and s.73 left to jury
Crimes Act 1914 (Cth) Evidence Act 1995 LEGISLATION CITED : Income Tax Assessment Act 1936 (Cth) Fringe Benefits Tax Assessment Act 1986 (Cth) Jury Act 1977
Doney v The Queen [1990] 171 CLR 207 R v JMR (1991) 57 A Crim R 39 Director of Public Prosecutions (Cth) v Neamati [2007] NSWSC 746 R (Cth) v Petroulias (No. 1) [2006] NSWSC 788 R (Cth) v Petroulias (No. 29) [2007] NSWSC 1005 Royall v The Queen (1991) 172 CLR 378 Wills v Petroulias (2003) 58 NSWLR 598 R v Petroulias (2005) 62 NSWLR 663 Peters v The Queen (1998) 192 CLR 493 CASES CITED : Commissioner of Taxation v Indooroopilly Children Services (Qld) Pty Limited [2007] FCAFC 16 Wai Yu-Tsang v The Queen [1992] 1 AC 269 Pearce v R (2005) 216 ALR 690 Petroulias v R [2006] NSWCA 415 R v Allsop (1976) 64 Cr App R 29 CTC Resources NL v Commissioner of Taxation (1994) 48 FCR 397 Essenbourne Pty Ltd v Commissioner of Taxation [2002] FCA 1577 Walstern Pty Ltd v Commissioner of Taxation [2003] FCA 1428 Spotlight Stores Pty Ltd v Commissioner of Taxation [2004] FCA 650 Pridecraft Pty Ltd v Commissioner of Taxation [2004] FCAFC 339
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