Bakes v Alexander

In the case of Bakes v Alexander, the defendant was charged with obtaining property by deception, theft, and related offences. The trial judge found that there was sufficient evidence to support a conviction on each count. The defendant appealed on the grounds that there was no case to answer, arguing that the bank was not deceived and that the club was not a legal entity. The Full Court considered the evidence and the arguments presented and determined that the trial judge's findings were correct.

The legal issues in this case centred around whether the defendant's actions constituted obtaining property by deception and theft. The defendant argued that there was no case to answer because the bank was not deceived and the club was not a legal entity. The Full Court considered whether the evidence could support the offence of obtaining property by deception and whether the failure to prove that the club was a legal entity was determinative. The court also considered whether leave should be granted to amend the particulars of the charge from "money" to "chose in action."

The Full Court found that there was sufficient evidence to support a conviction on each count. The court held that the bank was deceived by the defendant's actions, even though he acted beyond his authority as an officer of the club. The court also found that the failure to prove that the club was a legal entity did not necessarily mean that the defendant could not be convicted of theft. The court rejected the defendant's argument that leave should be granted to amend the particulars of the charge, finding that the evidence did support the offence of obtaining property by deception and theft.

The Full Court dismissed the defendant's appeal and upheld the trial judge's findings. The orders of the court were that the appeal be dismissed and the convictions and sentences imposed by the trial judge be affirmed.