R v L Schneider & J Pydde [2012] NSWDC 169

District Court New South Wales

Medium Neutral Citation: R v L Schneider & J Pydde [2012] NSWDC 169 Hearing dates: 10/05/12, 11/05/12, 14 - 18/05/12, 05/06/12, 08/06/12, Decision date: 08 June 2012 Jurisdiction: Criminal Before: S Norrish QC DCJ Decision: Verdict - Each accused not guilty Catchwords: CRIMINAL LAW: Judge alone trial, dishonestly obtain a valuable thing, deception, joint criminal enterprise Legislation Cited: Criminal Procedure Act 1986 Crimes Act 1900 Cases Cited: Fleming v The Queen (1998) 197 CLR 250 Category: Principal judgment Parties: Director of Public Prosecutions L Schneider (Offender) J Pydde (Offender) Representation: Mr E Balodis (Crown) Mr I McLachlan (Mr Schneider) Mr C Watson (Mr Pydde) Director of Public Prosecutions Bilias & Associates - Mr Schneider Pope & Spinks - Mr Pydde File Number(s): 2009/8830 2010/232515 Publication restriction: Nil

Judgment

Introduction 1On 10 May 2012 Lindsay John Schneider and Joachim Gerhard Pydde were arraigned on a charge alleging that they, "Between 1 February 2006 and 1 May 2006 at Coffs Harbour and elsewhere in the State of New South Wales by deception, dishonestly obtained a valuable thing, namely a bank cheque in the sum of $140,000." 2To that charge the two accused pleaded 'not guilty'. 3The charge in the indictment is brought pursuant to s 178BA Crimes Act 1900 (now repealed). 4The elements of the charge brought against each of the accused are that: i) each of the accused by deception, ii) dishonestly obtained for himself, iii) a valuable thing, namely a bank cheque in the sum of $140,000.