The element of dishonesty in s 408C Criminal Code (Qld) (fraud) now requires proof only that the accused's conduct was dishonest by the standards of ordinary honest people. The prosecution no longer needs to prove that the accused realised that what he or she was doing was dishonest by those standards. The Ghosh two-limb test, applied in Queensland since R v Laurie (1987), is no longer the correct test. Where evidence raises an honest claim of right, the prosecution must disprove it beyond reasonable doubt under s 22(2) Criminal Code.
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