R v SKL; R v JY; R v XGL

The appellants were convicted in the County Court of Victoria of dishonestly obtaining a financial advantage by deception contrary to section 195(1) of the Crimes Act 1958 (Vic). The appeal before the Court of Appeal was against their convictions. The appellants were dealers at the Crown Casino in Melbourne, who were alleged to have obtained a financial advantage by deception through their involvement in cheating at the game of Baccarat. The respondents submitted that the appellants had dishonestly obtained a financial advantage by deception, which included the act of cheating at Baccarat. The appellants argued that they had not been proven to have cheated at Baccarat and that their acquittal should be upheld. The central issue before the court was whether the elements of the offence of obtaining a financial advantage by deception had been satisfied by the circumstantial evidence presented by the prosecution. The court considered whether it was necessary to identify the particular minds that had been deceived and whether it was necessary for the prosecution to call the individuals who were deceived to establish their case. The court concluded that the prosecution did not need to identify the particular minds deceived or call the individuals who were deceived. The court held that the prosecution could rely on a circumstantial case, and that the dishonest intent could be inferred from the circumstances of the case. The court also held that the offence of cheating at Baccarat was complete once the deception had been carried out, and that it did not matter whether the deception had been successful in obtaining a financial advantage. The convictions of the appellants were quashed, and they were acquitted of the offence. The court ordered that the appellants be discharged without conviction and that the case be returned to the County Court for the entry of an acquittal.