Case Law Flashcards
Case Law: Pecuniary Advantage
Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Case Law: Valuable Consideration
Hayes v R
Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth
Case Law: Dishonestly
Hayes v R
The question is whether the belief is actually held, not whether that belief was reasonable.
Case Law: Document
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record.
Case Law: Attempts to Use
Hayes v R
An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one.
The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary element of the offence.
Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
Case Law: Intention to Deceive
R v Morley
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
Case Law: Recklessness
Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
Case Law: Representations
R v Morley
Representations must relate to a statement of existing fact, rather than a statement of future intention.
Case Law: Possession
R v Cox
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
Case Law: Credit
Fisher v Raven
‘Credit’ refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods
Case Law: Timing on the intention to deceive
R v McKay
In R v McKay, the defendant booked into a motel and offered to pay in advance. He was told to pay in the morning when leaving although the following morning he left without paying.
On appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive.
In relation to meals at a restaurant, in order to convict the offender you must prove that they had an intent to deceive when they either entered the restaurant or started their meal..
Case Law: Inducement
R v Laverty
It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made.
In such circumstances the act was not induced by a belief in the truth of the representation.
Example
The owner parts with his or her property solely as a means of trapping the person who made the false representation.
Case law: Loss
R v Morley
The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception doesn’t need to be the only operative factor, so long as it played a material part in occasioning the loss.
Case Law: Intent
R v Collister
Intent can be inferred by actions and words, said and made, before during or after the event, the surrounding circumstances and the nature of the act itself
