R v Robertson

The appellant, Robertson, was convicted by a jury of fraud as an employee under s 408C of the Criminal Code (Qld). The key issue was whether the appellant's actions, which involved transferring significant sums from a not-for-profit foundation to the mayor of a local community, were dishonest. The trial judge did not direct the jury on the statutory excuse provided by s 22(2) of the Criminal Code, which Robertson argued led to a miscarriage of justice. The court was required to determine if the omission to direct the jury on this point warranted a retrial.

The court found that the trial judge's failure to properly direct the jury on the statutory excuse under s 22(2) of the Criminal Code led to a miscarriage of justice. The appellant had argued that despite his personal views, he believed he was authorised to transfer the funds due to the acting chair's approval. This point was critical to assessing the appellant's state of mind and whether his actions could be considered dishonest under the objective standard of ordinary honest people. The court concluded that the statutory excuse was relevant and should have been considered by the jury, hence the conviction must be quashed and a retrial ordered.