Flack v R [2011] NSWCCA 167

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Flack v R [2011] NSWCCA 167 Hearing dates: 20 June 2011 Decision date: 28 July 2011 Before: McClellan CJ at CL at 1 Hidden J at 2 Johnson J at 3 Decision: Extension of time to appeal against conviction refused. Catchwords: CRIMINAL LAW - conviction appeal - whether trial Judge erred in refusing to direct acquittal of Applicant - obtaining financial advantage by deception - need to establish causal connection between deception used and financial advantage obtained - clear adverse inferences arising from documents together with evidence from officers of relevant financial institutions - no error in declining verdict by direction - extension of time to appeal refused Legislation Cited: Crimes Act 1900 Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 Cases Cited: McCall v R [2010] NSWCCA 174 Darwiche v R [2011] NSWCCA 62 R v Ho; R v Szeto (1989) 39 A Crim R 145 R v Flack; R v Grindrod [2009] NSWDC 94 R v Serratore [1999] NSWCCA 377; 48 NSWLR 101 R v Stanhope (NSWCCA, unreported, 10 September 1987) R v Clarkson [1987] VR 962 R v King [1987] 1 QB 547 National Commercial Banking Corporation of Australia Limited v Batty [1986] HCA 21; 160 CLR 251 R v Lambie [1982] AC 449 Category: Principal judgment Parties: Robin Anthony Flack (Applicant) Regina (Respondent) Representation: Counsel: Mr FD Coyne (Applicant) Ms N Noman (Respondent) Solicitors: Archbold Legal (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2008/5699 Decision under appeal Before: Judge Knox SC File Number(s): 2008/11/366