Chang v R [2016] NSWCCA 296

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chang v R [2016] NSWCCA 296 Hearing dates: 29 November 2016 Decision date: 16 December 2016 Before: Macfarlan JA at [1]; Johnson J at [101]; Schmidt J at [102] Decision: (1) Grant leave to appeal against sentence. (2) Dismiss the appeals against conviction and sentence. Catchwords: CRIMINAL LAW – conviction appeal – conspiracy with intention of dishonestly causing loss to Commonwealth – s 135.4(3) Criminal Code (Cth) – whether agreement to lodge false GST returns based on inflated or false inter-group invoices – whether directions to jury concerning conspiracy's object, means of achievement and overt acts sufficiently clear – whether verdict uncertain

CRIMINAL LAW – sentence appeal – conspiracy with intention of dishonestly causing loss to Commonwealth – s 135.4(3) Criminal Code (Cth) – agreement to lodge false GST returns based on inflated or false inter-group invoices – whether findings as to offender's role adequate Legislation Cited: Criminal Appeal Rules 1952 Criminal Code (Cth) Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 Pratten v R [2014] NSWCCA 117 R v Aziz [1982] 2 NSWLR 322 R v Walsh (2002) 131 A Crim R 299; [2002] VSCA 98 Category: Principal judgment Parties: Song Chang (Appellant) Regina (Respondent) Representation: Counsel: Mr P Bruckner / Mr R Johnson (Appellant) Mr K Ginges (Respondent)