In a charge of conspiracy to defraud, the particular dishonest representations relied upon by the Crown are not essential elements of the offence but merely particulars of the dishonest means; accordingly, a Brown direction requiring jury unanimity on a specific representation is not required. Common law conspiracy to defraud remains available in Victoria notwithstanding the enactment of ss.321-321F of the Crimes Act 1958 (Vic), and s.321E(3) recognises an overlap between statutory and common law conspiracy. A trial judge is not obliged to direct the jury that an accused is entitled to credit for electing to give evidence.
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