Where the Crown is required to prove dishonesty beyond reasonable doubt as an element of a s 408C offence, a direction on honest claim of right under s 22(2) of the Criminal Code 1899 (Qld) is unnecessary because the jury cannot find the accused acted dishonestly yet exercised an honest claim of right. There is no invariable rule requiring a direction that guilt must be the only reasonable inference in circumstantial cases, though such a direction may be prudent. For sentencing on fraud offences, the relevant loss is the actual loss sustained by victims, not the net amount after deducting funds applied to the purported purpose.
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