Lorraine Ina Noble v SA Police No. SCGRG 93/1896 Judgment No. 4366 Number of Pages 9 Criminal Law and Procedure (1994) 70 a Crim R 560

In the Supreme Court of South Australia, Lorraine Ina Noble appealed against her conviction for forging and uttering a cheque with intent to defraud. The charges were heard in the Magistrates Court, where the Magistrate rejected Noble's defence of claim of right and found both charges proved. However, without recording convictions, the Magistrate discharged Noble upon her entering into a bond to be of good behaviour and ordered her to pay restitution and costs. Noble's defence was based on her belief that she was lawfully entitled to the funds she transferred, as she believed she was owed money for work done and for goodwill in setting up a new business. The legal issue in this case was whether the Magistrate correctly assessed the defence of claim of right. The court held that the Magistrate erred in his assessment of the claim of right defence and failed to distinguish between the belief in entitlement to the money and the dishonest means used to obtain it. The Supreme Court allowed the appeal, set aside the Magistrate's orders, and ordered a rehearing of the information. The court emphasised the importance of distinguishing between the belief in a lawful entitlement to the money and the potentially dishonest means used to obtain it when assessing a claim of right defence.