Santesso v Tasmania

Santesso v Tasmania concerned an appeal to the Full Court of the Supreme Court of Tasmania against a conviction for submitting a loan application containing forged signatures. The appellant, Santesso, had been found guilty of an offence under section 263(1)(b) of the *Criminal Code* (Tas), which relates to defrauding a creditor.

The central legal issue before the Full Court was whether the appellant's conduct, specifically the submission of a loan application with forged signatures, constituted an attempt to defraud a creditor within the meaning of the relevant section of the *Criminal Code*. The court was required to consider the elements of the offence and whether the appellant's actions met the threshold for an attempt.

The Full Court reasoned that the offence of defrauding a creditor required proof that the accused intended to defeat or delay the creditor and that the accused did an act towards that purpose. In this instance, the submission of the loan application, which contained forged signatures and was intended to secure funds, was considered a sufficient act towards defrauding the creditor. The court applied the principles of criminal attempt, finding that the appellant had gone beyond mere preparation and had taken a substantial step in the commission of the intended fraud.

The appeal was dismissed, and the conviction was upheld.