innocent agent - Lack of proof that offender knew of the conduct of the agent
said
to constitute the act of commission of fraud - Convictions quashed - Turns
Quick Take
1A person commits an offence through an innocent instrument only where that person knowingly uses another to perform the acts constituting the offence while personally holding the requisite intention. A mere agency relationship, such as appointing a finance broker to raise funds, does not of itself attribute the agent's deceitful representation to the principal (Criminal Code (WA) s 23; [name withheld] v [name withheld]; [name withheld] v The Queen).
2For fraud under s 409(1)(c) of the Criminal Code (WA), the intent to defraud and the deceitful or fraudulent conduct must both be the accused's own. Where an innocent agent made the representation, the jury must be directed that they must be satisfied beyond reasonable doubt that the accused knowingly used the agent to make it. Failing to give that direction is a miscarriage of justice.
3On the facts, there was no evidence capable of establishing that the accused knew his false statement of assets, supplied to a broker to establish his credentials for a since-changed transaction, would be put to investors. A retrial therefore could not be ordered.
