Citation: Regina v Stolpe [2000] NSWCCA 359
Court: New South Wales Court of Criminal Appeal
Date: 6 September 2000
Judge(s): Fitzgerald JA, Newman J, Hulme J
Background
The appellant, a 61-year-old man, was tried in the District Court before Graham DCJ in September 1997. He faced nine counts of obtaining money by deception under s 178BA of the Crimes Act 1900 (NSW), along with alternative counts of making a false statement under s 178BB of the same Act.
The charges arose from representations the appellant made to his neighbour at Erina, inviting him to participate in development projects. The appellant obtained money from the neighbour in connection with those projects, and the Crown alleged the statements he made to do so were false.
The appellant was convicted on all nine primary counts and sentenced to nine concurrent terms of nine months imprisonment, commencing 19 September 1997. He served approximately six months and four days in custody before being granted bail pending his appeal.
Legal Issues
- Whether any of the twenty grounds of appeal against conviction disclosed an arguable basis for overturning the verdicts
- Whether any of the four grounds of appeal against sentence disclosed an arguable basis for interfering with the sentences imposed
Decision
The appellant appeared in person and, at the Court's invitation, addressed each ground of appeal in turn. Discussion followed on various grounds, and the court was satisfied it understood the substance of each complaint raised.
Fitzgerald JA concluded that none of the grounds of appeal provided even a faintly arguable basis for intervention, describing each ground as entirely without merit. His Honour declined to engage further with the individual grounds, noting that it would be unnecessary to reject by argument that which was unarguable. Newman J and Hulme J both agreed.
Both the appeal against conviction and the application for leave to appeal against sentence were dismissed. The appellant was ordered to return to custody upon the expiry of his bail, which had lapsed on his attendance at the hearing.
Orders Made
- Appeal against conviction dismissed
- Application for leave to appeal against sentence dismissed
- Appellant remanded to return to custody
Key Takeaways
- In dismissing the appeal, the Court of Criminal Appeal confirmed that grounds of appeal which disclose no arguable basis for intervention will be rejected without detailed engagement with individual arguments.
- All nine convictions for obtaining money by deception under s 178BA of the Crimes Act 1900 (NSW) were upheld, as were the concurrent nine-month sentences imposed at first instance.
- No error was established in the trial judge's conduct of proceedings or in the sentences imposed, despite the appellant filing twenty grounds of appeal against conviction and four against sentence.
- An unrepresented appellant's filing of numerous documents does not of itself create arguable grounds; the Court assessed each stated ground on its merits and found none sustainable.
- Attendance at the hearing to answer bail conditions does not extend bail; the appellant's bail expired upon his appearance before the Court.
Legislation and Cases Referenced
Legislation:
- Crimes Act 1900 (NSW), s 178BA (obtaining money by deception)
- Crimes Act 1900 (NSW), s 178BB (making a false statement)
Cases cited: No cases were cited in the provided judgment text.