NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Watkins v R [2008] NSWCCA 88
HEARING DATE(S): 28 February 2008
JUDGMENT DATE: 29 April 2008
JUDGMENT OF: McClellan CJ at CL at 1; Price J at 2; Simpson J at 3
DECISION: Appeal against conviction dismissed
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - 43 counts of doing an act as an officer of a body corporate with intent to cheat or defraud the body corporate - fresh evidence - credibility of fresh evidence - assessment of impact of fresh evidence upon outcome of trial - evidence not capable of casting doubt - whether failure to give a direction in accordance with Longman v The Queen - not a case of presumed prejudice to the appellant - asserted prejuidice explicitly identified as failure by trial judge to refer to potential disadvantage to the appellant caused by absence of certain documents - issue raised by trial judge but not taken up by counsel - appeal dismissed.
Crimes Act 1900 LEGISLATION CITED: Family Provision Act 1982 Financial Transaction Reports Act 1988 (Cth)
CATEGORY: Principal judgment
R v Watkins [2005] NSWCCA 164: 153 A Crim R 434 CASES CITED : R v Abou-Chabake [2004] NSWCCA 356; 149 A Crim R 417 Longman v R [1989] HCA60;168 CLR 79
PARTIES: Thomas Douglas Watkins - Appellant Regina - Respondent
FILE NUMBER(S): CCA 2006/5068
COUNSEL: D. Dalton SC - Appellant D. Woodburne - Respondent
SOLICITORS: Nikola Velcic & Associates - Appellant S Kavanagh - Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0742
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