Where a defence of honest claim of right under s 22(2) of the Criminal Code 1899 (Qld) is raised on the evidence in a fraud trial, the trial judge must direct the jury that the accused should be acquitted unless the prosecution proves beyond reasonable doubt that the accused did not honestly believe he was entitled to deal with the property as he did. A direction framed only in terms of 'dishonesty by community standards' is insufficient for this purpose. An unrepresented accused's strategic choice not to give or call evidence does not constitute a miscarriage of justice where the choice was made freely and for tactical reasons.
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