For forgery charges under s 488 of the Criminal Code (Qld), proof of the subjective intent to defraud necessarily negates an honest claim of right under s 22(2), making a separate s 22(2) direction otiose. For fraud charges under s 408C, s 22(2) remains available in principle following Dillon's adoption of the ordinary meaning of 'dishonestly', but a separate s 22(2) direction is not required where the trial judge's directions on dishonesty adequately address the defence case including the accused's claimed honest belief. The decisions in Mill and Dale are reconciled: Mill illustrates the inadequacy of the Ghosh test for s 22(2) purposes, while Dale's statement about the lack of scope for s 22(2) must be understood in the context of the Ghosh test then applying. On sentence, cooperation in the administration of justice through admissions that shorten a trial must be given adequate allowance, and this should be apparent in the parole eligibility date where the head sentence is otherwise appropriate.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.