Khoo v WA

[2011] WASCA 75

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Fraud
3. › Offence of causing detriment by deceit or fraudulent means
4. › Nature of 'detriment' within s 409(1)(d) Criminal Code (WA)
5. › Whether inducing lender to advance funds it would not otherwise have advanced constitutes detriment
6. › Criminal Code (WA), s 409(1)(d), s 409(3)
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › No case to answer submission
5. › Whether trial judge erred in rejecting no case to answer at close of prosecution case
6. › Whether evidence supported verdict
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Fraud offences under s 409(1) Criminal Code (WA)
6. › General deterrence
7. › 14 months' immediate imprisonment for $315,000 mortgage fraud

Quick Take

A lender suffers 'detriment' within s 409(1)(d) of the Criminal Code (WA) upon advancing funds it would not have advanced but for the accused's deceit, even if value was given in return. A sentence of 14 months' immediate imprisonment for a $315,000 mortgage fraud involving identity fraud and forged documents is within the customary range for s 409(1) offences.