Evidence of flight is admissible as consciousness of guilt evidence even where alternative explanations exist, provided no innocent explanation is so inherently likely that the jury could not reasonably reject it. Flight evidence may be left to the jury in respect of all counts where the inference applies equally to all charged conduct. The offence of making available a prescribed interest under s 1064 of the Corporations Law cannot be committed where the purported interest is fictitious. For sentencing in systematic fraud cases, the quantum defrauded is of very great significance in determining the appropriate sentence, and consistency with comparable cases is a fundamental requirement.
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