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Describing Dishonest Means: The Implications Of Seeing Dishonesty As A Course Of Conduct Or Mental Element And The Parallels With Indecency, Alex Steel
Alex Steel
Fundamental differences exist internationally and within over the definition of ‘dishonestly’ and the associated term ‘fraudulently’. In Australia and Canada a further concept of ‘dishonest means’ exists. This article critically examines the Australian High Court’s analysis of ‘dishonest means’ in Peters v The Queen by comparing it with the approach taken by the Canadian Supreme Court in R v Theroux and R v Zlatic. The definition of ‘dishonest means’ in Peters is also compared with the exposition of actus reus and mens rea set out in He Kaw Teh v The Queen, and with similar issues faced by courts in …