The specification of 'thing in action' in an indictment for obtaining property by deception does not preclude reliance on the deeming provision in s 330 of the Criminal Code 2002 (ACT) for electronic money transfers, where the transfers were uncontested at trial. A trial judge is not required to direct the jury on non-issues. Section 22(2)(d) of the Human Rights Act 2004 (ACT) does not add to the common law principles governing continuation of a trial after counsel withdraws for ethical reasons.
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