When charges of fraud under s 408C of the Criminal Code (Qld) are joined, the trial judge must direct the jury to consider each charge separately and only by reference to the evidence relevant to it. The trial judge must also identify the specific knowledge, belief or intent said to render the accused's acts dishonest on each count, as required by Peters v The Queen. Failure to give either direction will result in a miscarriage of justice that cannot be cured by the proviso where the jury's assessment of credibility was critical. The Queensland Bench Book direction for fraud is deficient in not incorporating the Peters requirements.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
4 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.