The Crown appealed the acquittal of a military physician on four fraud-related charges arising from the writing of illicit prescriptions.
At trial, the military judge granted a directed verdict (no prima facie case) on the basis that the Crown failed to prove actual deprivation.
The Court Martial Appeal Court allowed the appeal and ordered a new trial, finding the military judge misapplied the test for fraud and the no prima facie case standard.
The Court held that only a risk of deprivation is required, and there was some evidence upon which a trier of fact could reasonably convict.
