Other

Question 1

Nature of belief required

Answer 1

• Belief in a proprietary or possessory right in property
• In relation to which the offence is alleged to have been committed
• At the time of the conduct alleged to constitute the offence.
• Actually held by the defendant.

Question 2

What is required to be proved for deception

Answer 2

• That there was an intent to deceive
• That there was a representation by the defendant
• That the representation was false, and that the defendant either:
  Knew it to be false in a material particular OR
  Was reckless whether it was false in a material particular

Question 3

S40 Evidence Act - Propensity Rule

Answer 3

Evidence that tends to show a persons propensity to act in a particular way or have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person has been involved. Does not include that of evidence of 1 or more of the elements of the offence or the cause of action in the proceedings in question.

Question 4

S43 - Propensity evidence about defendants

Answer 4

Offered only if the evidence has probative value in relation to an issue in dispute in the proceeding which outweighs the risk of it having an unfairly prejudicial effect on the defendant.