David Scott PARKINSON v R (Cth); R v David Scott PARKINSON (NSW); David Scott PARKINSON v R (NSW) [2011] NSWCCA 133

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: David Scott PARKINSON v R (Cth); R v David Scott PARKINSON (NSW); David Scott PARKINSON v R (NSW) [2011] NSWCCA 133 Hearing dates: 2 June 2011 Decision date: 15 June 2011 Before: McClellan CJ at CL at 1; Hoeben J at 2; Grove AJ at 3 Decision: (1) Commonwealth offence - Leave to appeal against sentence refused. (2) State offences - Appeal against conviction dismissed; Leave to appeal against sentence refused; Crown appeal against sentence allowed; Appellant re-sentenced. Catchwords: (1) Commonwealth offence - attempt to dishonestly obtain financial advantage - false claim for approximately $500,000 Goods and Services Tax refund - persistence in pursuit of claim. (2) State offences - attack on victims with operating chainsaw - evidence of attack by another (the appellant's father) as victims fled the danger from the chainsaw - admissibility of that evidence - jury directions - sentence - failure to accumulate upon sentence for Commonwealth offence so that no minimum custody referable exclusively to State offences - inadequacy - appellant re-sentenced. Legislation Cited: Crimes Act 1900 Criminal Code (Cth) Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Adam v Regina (1999) 106 A Crim R 510 Hili v The Queen [2010] HCA 45 O'Leary v The King [1946] HCA 44; (1946) 73 CLR 566 R v Borkowski [2009] NSWCCA 102 R v Doan (2000) 50 NSWLR 115 R v El Masri [2005] NSWCCA 167 R v Todd (1992) 2 NSWLR 517 Texts Cited: Roscoe On Evidence in Criminal Cases 14th ed Category: Principal judgment Parties: David Scott PARKINSON Regina (Cth & NSW) Representation: Counsel: B. Rigg (for Parkinson) N. Adams (for Commonwealth DPP) N. Noman (for New South Wales DPP) Solicitors: Legal Aid NSW (for Parkinson) Commonwealth Director of Public Prosecutions (for Commonwealth) New South Wales Director of Public Prosecutions (for New South Wales) File Number(s): 2008/17029-004 (Commonwealth); 2006/07321-010 (NSW); 2006/07321-011 (NSW) Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-03-30 00:00:00 Before: Bennett DCJ File Number(s): 2008/17029 (Commonwealth); 2006/07321 (NSW)