Kembaraxtra-Case Law- Shaw (1994) CA

Case Summary

• Parties: D (Defendant), E (Employee)
• Action: D persuaded E to accept bogus invoices and issue cheques.
• Knowledge: D knew E would be acting dishonestly.
• D's Motive: To expose the company's inadequate accounting systems.

Legal Outcome

• Charge: Incitement to obtain money by deception.
• Verdict: D was not guilty.

Key Principle

• Motive vs. Intent: The court differentiated between D's ultimate motive (revealing poor accounting) and the immediate intent of the act. While D knew E would act dishonestly, D's overarching purpose negated the specific intent required for incitement to obtain money by deception in this particular context. This suggests that the purpose behind the incitement can be a crucial factor.