Directions on claim of right under s 131(5) and (6) of the Criminal Law Consolidation Act 1935 (SA) are not required where the defendant's case is simply that he or she was unaware the property was stolen and therefore did not act dishonestly under s 131(1). The sub-sections only apply where a defendant knowingly acts in an objectively dishonest way but claims an honest belief in a legal or equitable right. There is no general requirement to direct a jury that it must reject the defendant's evidence beyond reasonable doubt before finding elements proved.
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