In a prosecution for fraud as an employee under s 408C of the Criminal Code (Qld), the trial judge must identify the specific knowledge, belief or intent which the Crown alleges rendered the accused's conduct dishonest, and must direct the jury to first determine whether the Crown has proved that state of mind beyond reasonable doubt before assessing whether the conduct was dishonest by the standards of ordinary honest people. Particulars using 'and/or' conjunctions that fail to clearly articulate the requisite mental element are inadequate and may occasion a miscarriage of justice.
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