In a prosecution for fraud under s 408C of the Criminal Code (Qld), proof beyond reasonable doubt of the dishonesty element does not automatically negate the s 22(2) honest claim of right excuse where the alleged inculpatory state of mind is not necessarily logically inconsistent with the alleged exculpatory state of mind. Where both states of mind could coexist — for example, where the accused knew the payee had no entitlement but honestly believed he was entitled to act on the authorisation of a superior — a specific direction on s 22(2) is required. The reasoning in Macleod, Dale and Perrin is confined to cases where the inculpatory and exculpatory states of mind are necessarily mutually exclusive.
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