Nicola Brownwyn Hayes v The Queen - SC 16/2007

Media releases

Summary

Criminal appeal – Crimes Act 1961 – s 229(A)(b) (taking or dealing with certain documents with intent to defraud) – s 228 (dishonestly taking or using document) – whether, and to what extent, the Crown must prove the probability or possibility of “pecuniary advantage” where the accused uses a document to avoid the risk of losing ACC compensation payments to which she, in any event, would have been entitled – alternatively, whether, in that same scenario, the Crown must prove that the accused was no longer entitled to such payments because the relevant incapacity had ceased.CA 343/06 24 February 2007

Result

Application for leave to appeal granted.
8 May 2007
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Appeal allowed. Conviction set aside. New trial ordered.
15 February 2008

Hearing Transcripts

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