On 10 February 2021, Mr Douglas Gordon Johnston was partially successful in appealing his conviction of obtaining a financial advantage by deception.

The Victorian Court of Criminal Appeal overturned three counts of obtaining  financial advantage by deception contrary to section 82(1) of the Crimes Act 1958 (Vic), but upheld six counts of the same charge.

The Appeal Court held that the depositional evidence of two witnesses should not have been admitted in Mr Johnston’s trial.  It held that the medical evidence relied on by the prosecution was inadequate to establish that the witnesses were unable to give evidence at the trial.

At trial, Mr Johnston was sentenced to six years imprisonment, with a non-parole period of three years, for defrauding investors of approximately $815,000 (19-107MR).

The Victorian Court of Criminal Appeal has ordered a retrial for the three charges on a date yet to be fixed.

The Court of Appeal will re-sentence Mr Johnston on the remaining six charges at a later date.

The Commonwealth Department of Public Prosecutions prosecuted the matter after a referral from ASIC.

Background

Maureen and Douglas Johnston were originally charged together and on 20 December 2017, Mrs Johnston pleaded guilty in the County Court of Victoria (15-397MR) and was sentenced to five years and six months imprisonment (18-391MR).

Mr Johnston was found guilty in the County Court of Victoria on 8 May 2019 (19-107MR).

Editor's note 1:

A directions hearing has been set down for 18 March 2021 at 9am.

Editor’s Note 2:

On 18 March 2021, the CDPP declined to proceed further in the prosecution of Douglas Gordon Johnston. The Court of Appeal will resentence Mr Johnston on the remaining six charges on a date to be fixed.

Editor's note 3:

On 16 April 2021, the Court of Appeal re-sentenced Mr Johnston on the remaining six charges with the Court imposing total effective sentence of three years and six months of imprisonment with a non-parole period of 21 months. Mr Johnston is eligible for release.