In a prosecution for fraud under s 408C(1)(e) of the Criminal Code (Qld), the trial judge must identify for the jury the specific knowledge, belief or intent said to render the accused's conduct dishonest and instruct the jury to decide whether the accused had that state of mind; a general direction on the meaning of dishonesty is insufficient. Where trial counsel fails to take any written proof of evidence or detailed instructions from the accused, fails to cross-examine witnesses on material matters, and advises against giving evidence without knowing what that evidence would be, this may constitute both an outcome-based and process-based miscarriage of justice. The proviso in s 668E cannot be applied where inadequate directions were given on an element of liability in issue and the process-based defects prevent the appellate court from assessing the true strength of the Crown case.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.