On a charge of obtaining a financial advantage by deception under s 82 of the Crimes Act 1958 (Vic), where multiple false representations are particularised, the jury must be unanimous that at least one particular representation was materially operative. The words or conduct constituting the deception form the actus reus of the offence, and the jury must agree on the particular words or conduct constituting the deception. However, the absence of an express unanimity direction may not constitute error where the trial was conducted in a way that made unanimity on a particular representation inevitable.
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