NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: BERBEN, Laurens v The Queen [2008] NSWCCA 125
HEARING DATE(S): 27 May 2008
JUDGMENT DATE: 4 June 2008
JUDGMENT OF: Giles JA at 1; Barr J at 34; Hall J at 35
DECISION: Appeal dismissed.
CATCHWORDS: Conviction appeal - receipt of age pension while in employment - no issue that was received - relevant issue an intention of obtaining a benefit or dishonestly obtaining a gain - unrepresented accused - no application for stay or adjournment - whether miscarriage because unfair trial due to lack of representation - evidence of receipt of age pension while in employment - admitted with accused's concurrence - whether miscarriage because danger of prejudice outweighed probative value - accused's explanation of why he did not disclose employment put before jury - whether open to jury to be satisfied beyond reasonable doubt of requisite intention - appeal dismissed.
CASES CITED : Dietrich v The Queen (1992) 177 CLR 292; Gassy v The Queen [2008] HCA 18.
PARTIES: Laurens Leonard Berben - Appellant The Queen - Respondent
FILE NUMBER(S): CCA 2006/5273
COUNSEL: Appellant in person R A Evans - Respondent
SOLICITORS: Commonwealth Director of Public Prosecutions, Canberra - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/71/0078
LOWER COURT JUDICIAL OFFICER: Charteris DCJ
LOWER COURT DATE OF DECISION: 22 November 2006 (summing-up and verdict)
IN THE COURT OF CRIMINAL APPEAL CCA 2006/5273 DC 05/71/0078
GILES JA BARR J HALL J
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