Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:
1. The accused submits that for the purposes of counts 1-11 and 13-35, being the counts of fraudulent embezzlement by a clerk or servant, contrary to s 157 of the Crimes Act 1900 (NSW), the jury should be directed in terms consistently with the statutory definition of 'dishonesty' contained in s 4B of the Crimes Act 1900 (NSW) [1] . That statutory definition reflects the test in common law identified in R v Ghosh [1982] QB 1053 ("Ghosh").
2. It appears to be common ground that for a statutory offence containing the element of fraudulent conduct, that mental state has been construed as being interchangeable with 'dishonesty':...