The offence of dishonestly obtaining a financial advantage by deception under s 192E(1)(b) of the Crimes Act 1900 (NSW) does not require the Crown to identify and call evidence from a natural person who was actually deceived; the element of deception, including causation, may be proved by circumstantial evidence and inference. The question whether the deception was the operative cause of the obtaining of the financial advantage is a question of fact for the jury. The usual mode of proof (calling the person deceived to give direct evidence) is not a legal requirement applicable to all cases under s 192E(1)(b).
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