The Queensland Court of Appeal allowed the appeal to the extent of substituting a conviction for stealing with circumstances of aggravation in place of the original conviction for fraud with circumstances of aggravation, where the Crown Prosecutor had proceeded at trial as if the charge were stealing and the judge's directions to the jury addressed stealing rather than the elements of fraud under s 408C of the Criminal Code. The Court applied [name withheld] v The Queen to exercise its power under s 581(b) to substitute the verdict, imposing the same sentence for the substituted conviction.
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