Tange v the Queen S224/1999

The High Court of Australia heard an appeal in *Tange v the Queen* concerning the conviction of the appellant, Tange, for the offence of obtaining financial advantage by deception. The dispute arose from Tange's actions in presenting a false invoice to his employer, thereby inducing the employer to make a payment that it would not otherwise have made. Tange was convicted in the District Court of New South Wales and his appeal to the Court of Criminal Appeal of New South Wales was dismissed.

The central legal issue before the High Court was whether the prosecution had established the necessary *mens rea* for the offence of obtaining financial advantage by deception, specifically concerning the appellant's intention to defraud. The court was required to consider the interpretation of "deception" and "intention to defraud" within the context of the relevant New South Wales legislation.

Gummow and Callinan JJ, in their joint judgment, affirmed the decision of the Court of Criminal Appeal. Their Honours reasoned that the appellant's presentation of a false invoice, knowing it to be false, and with the intention of inducing his employer to make a payment, constituted the necessary deception. The court applied the principle that an intention to defraud is established when a person acts dishonestly with the intention of prejudicing another's proprietary rights or interests. The appellant's knowledge of the falsity of the invoice and his deliberate act of presenting it to obtain payment were sufficient to establish the requisite intent to defraud. The appeal was dismissed.