Roach v R [2019] NSWCCA 160

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Roach v R [2019] NSWCCA 160 Hearing dates: 23 April 2019 Date of orders: 19 July 2019 Decision date: 19 July 2019 Before: Bathurst CJ, Bell P, Johnson J at [1] Decision: (1) Pursuant to r 4 Criminal Appeal Rules (NSW), grant the applicant leave to raise ground 3(b) of the amended grounds of appeal filed on 30 November 2018; (2) Refuse the applicant leave under r 4 Criminal Appeal Rules (NSW) to raise grounds 1(a)-(d), 2(a)-(e) and 3(a) and (c); (3) Refuse the applicant leave under s 5(1)(b) Criminal Appeal Act to rely upon ground 4; (4) Appeal against conviction dismissed; (5) Leave to appeal against sentence refused. Catchwords: CRIME – Fraud – Conspired dishonestly to obtain financial advantage by deception – $1 million advance from Commonwealth Bank of Australia for purpose of acquiring shares in company – Applicant used advance to repay personal debt - s 192E Crimes Act 1900 (NSW).

CRIME – False information – Supply misleading information as director to the Australian Securities Exchange – Two false or misleading announcements - ss 1309 and 1311 Corporations Act 2001 (Cth).

CRIME – Falsification of books – Relating to the affairs of company – ss 1307 and 1311 Corporations Act 2001 (Cth).

CRIME – Appeals – Appeal against conviction – Conspiracy – Verdict on duplicitous basis – Directions given to jury – suggested three alternative agreements which might prove conspiracy - Gave rise to latent duplicity or latent ambiguity – No miscarriage of justice – Applicant did not lose a real chance of acquittal.