NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Vella v R; Siskos v R [2015] NSWCCA 148 Hearing dates: 15 May 2015 Date of orders: 19 June 2015 Decision date: 19 June 2015 Before: Gleeson JA at [1] Hidden J at [11] Beech-Jones J at [13] Decision: In the matter of Vella v R (2012/179521):
(1) The applicant be granted an extension of time to appeal her conviction and to apply for leave to appeal against her sentence up to and including 3 February 2015;
(2) Leave to raise grounds 5, 6 and 7 of the conviction appeal be granted;
(3) Leave to raise grounds 1 and 4 of the conviction appeal be refused;
(4) The appeal against the appellant's conviction on 28 October 2013 be dismissed;
(5) The applicant be granted leave to appeal against the sentence imposed on her on 4 April 2014; and
(6) The appeal against the sentence imposed on 4 April 2014 be dismissed.
In the matter of R v Siskos (2012/179550):
(1) The applicant be granted an extension of time to appeal his conviction up to and including 21 April 2015;
(2) Leave to raise grounds 2 and 3 of the conviction appeal be granted;
(3) Leave to raise ground 1 of the conviction appeal be refused;
(4) The appeal against the appellant's conviction of 28 October 2013 be dismissed;
(5) The applicant be granted leave to appeal against the sentence imposed on 4 April 2014; and
(6) The appeal against the sentence imposed on 4 April 2014 be dismissed. Catchwords: APPEAL: conspiracy to defraud - insurance company – life insurance policy over second applicant's life – first and second applicant agreed to obtain policy and that second applicant would commit suicide – first applicant ultimate beneficiary – second applicant did not commit suicide – fraud lay in obtaining policy dishonestly – concealed facts they had a duty to disclose.
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