APPEALS - FRAUD CHARGES

Published 12 Sep 2011

CASE STUDY – District Court Appeal – All Grounds Appeal – Conviction Appeal

The facts: Represented by another firm, client convicted of $66,000 fraud after several days of defended hearing in the Local Court; sentenced to section 12 suspended prison sentence for 18 months; ordered to pay compensation of $66,000

On Appeal: Conviction overturned; prosecution ordered to pay client’s legal costs under the Costs In Criminal Cases Act including the costs of the Local Court hearing. Orders of the Local Court quashed.

The client maintained his innocence and was vindicated. We were able to demonstrate that it was impossible for the client to have committed the offence. Opportunity existed for other workers to commit the offence however there was a failure to investigate the possibility of other persons being responsible for the offence.

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