The prosecution must prove three things beyond a reasonable doubt before you can be found ‘guilty.’

That by deception, you acted dishonestly

That you acted deceptively through words or any other conduct. This includes deceiving another person about your intentions, or using a computer, machine or electronic device to make an unauthorised transaction. An example of this is, transferring money that does not belong to you.

What is Dishonesty?

Dishonesty is to be assessed according to standards of ordinary people. Court will consider whether an ordinary person would have found your conduct dishonest, and whether you should have known that your conduct was dishonest according to the standards of an ordinary person.

That your deceptive or dishonest actions allowed you to obtain a financial advantage or another person’s property, or caused someone else to suffer a financial disadvantage

That you either obtained a financial benefit or obtained property (ownership, possession or control of the property) for yourself or for another person, or allowed the property to be kept by you when it legally belonged to someone else.

For a property to belong to someone, that person must either have possession or control of the property or legally own it, either physical property or intangible goods such as shares, debts, and electronic money.

You can also be found guilty of fraud where you cause another person to suffer a disadvantage, for example, where you cause another person to suffer a financial loss that they should not have suffered.

That your actions were either intentional or reckless

Prosecution must prove that your actions were deliberate, or that they were reckless. That you should have known that what you were doing was dishonest and deceptive but you continued to do it anyway.