Criminal law: March 2025 – Law Society Journal

Fraud – elements of the crime – specific intentions

The Court ('Court of Appeal ('CCA') It is believed that the crown in a law enforcement due to fraud is not necessary to prove the accused, intended the financial advantage or financial disadvantage, or that this result was ruthless. The element of deception in this context already requires a causal connection to the result and is sufficient if the relevant actions have essentially led to this result.

The applicant was the director of a financial service company. He prompted several wrong documents to submit a bank to support a loan application: false tax returns, false contracts for the sale of land and a letter that incorrectly presented the purpose of the loan. The bank was based on the documents when granting a loan. The matter was carried out by a judge alone procedure due to a single crime in accordance with section 192e (1) (b) (by deception, dishonest a financial disadvantage-more convincing with the title “fraud” in the Crime Act 1900 (NSW)), whereupon the legal judge found the complainant guilty. The complainant made both his conviction and his punishment, but this summary only deals with one of the various reasons in the conviction.