Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:

1. On 22 March 2024, after 10 days of hearing, including 2 days devoted to the oral delivery of comprehensive reasons, the Appellant was convicted in the Downing Centre Local Court by Magistrate Barko of one count of "participate in criminal group" in contravention of s 93T(1) of the Crimes Act 1900 (NSW) ("Crimes Act") and four counts of "dishonestly obtaining financial advantage by deception" in breach of s 192E(1)(b) of the Crimes Act.

2. The Appellant appeals both her conviction and her sentence.

3. The Appellant was sentenced to full-time imprisonment in relation to the convictions. The sentences have been stayed pending determination of this appeal.

4. The Appellant was represented on the appeal by Mr G. James KC and the Crown by Ms Robeau.

5. It was agreed by the parties that the Appeal would proceed firstly, by me hearing full argument and delivering judgment on the conviction Appeals and thereafter, if necessary, to deal with the Appeals concerning sentence.

Nature of this Appeal

6. The appeal is brought pursuant to s 11(1) in Part 3 of the Crimes (Appeal and Review) Act 2001 (NSW) ("Appeal and Review Act"). The Appellant lodged an appeal against the conviction on 22 March 2024. As such, the Appellant does not require leave pursuant to s 12 of the Appeal and Review Act.

7. Section 18 of the Appeal and Review Act provides that a conviction appeal to the District Court is a rehearing on the transcript (supplemented by the tendered exhibits) and is not a de novo hearing: Gianoutsas v Glykis [20061 NSWCCA 137; Charara v R [2006] NSWCCA 244. The direction in s 18 of the Appeal and Review Act as to the nature of such an appeal does not require the Court, in every case, to undertake a complete review of the whole of the evidence and form its own view as to the applicant's guilt regardless of the issues raised by the appellant: Lunney v Director of Public Prosecutions [2021] NSWCA 186.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197a4047854f8e29f4228ba3)

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