In Victorian prosecutions for obtaining property or financial advantage by deception under ss 81(1) and 82(1) of the Crimes Act 1958, the trial judge must direct the jury that dishonesty is a distinct element from deception, requiring proof that the accused knew she had no legal right to the property, and must relate the evidence to each element separately. A direction that conflates deception and dishonesty into a single issue is inadequate. Evidence of post-offence conduct relied upon to prove consciousness of guilt requires a full Edwards direction, and the judge must direct on all items of such evidence relied upon by the Crown, not merely some of them. Section 104A of the Sentencing Act 1991 does not permit correction of a sentencing error after 14 days.
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