The test for 'without reasonable and probable cause' in s 415(1)(a) of the Criminal Code (Qld) is objective: what a reasonable person would consider reasonable or probable. Dishonesty under s 408C requires satisfaction of both an objective test (dishonest by community standards) and a subjective test (the accused realised the conduct was dishonest by those standards). The Court left open but signalled that demands accompanied by criminal threats may be inherently without reasonable and probable cause, and that even if s 24 introduces a subjective element to s 415(1)(a), the standard remains one of reasonableness.
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