R v Margaria

[2003] WASCA 253

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Fraud
3. › No case to answer
4. › Sufficiency of evidence
5. › Whether prosecution evidence sufficient to establish false representation
6. › Criminal Code (WA), s 409(1)(c), s 552, s 554
1. Criminal Law
2. › Appeal
3. › Prosecution appeals
4. › Appeal from acquittal at trial before judge alone
5. › Whether right of appeal exists under s 688(2)(ba)
6. › Whether leave to appeal should be granted
7. › Criminal Code (WA), s 688(2)(ba), s 651A, s 651C(4), (5), s 690, s 691
1. Criminal Law
2. › Trial
3. › No case to answer
4. › Test for sufficiency of evidence
5. › Whether evidence at its strongest could sustain conviction

Quick Take

The prosecution must adduce positive evidence that a representation is false to establish a case to answer for fraud under s 409(1)(c) of the Criminal Code (WA); the absence of evidence contradicting the representation is fatal. The question of whether the prosecution has a right of appeal from acquittal at a judge-alone trial under s 688(2)(ba) remains open in Western Australia.