Case Law Flashcards
R v Billingsley
The person who suffers loss does not have to be aware of the loss at the time of the offence
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
R v McKay
An intention to deceive is essential and must exist at the time when the deception is perpetrated
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
R v Cox
Possession
1) physical - actual or potential physical custody or control
2) mental - knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession
R v Waterfall
As a general rule silence or non-disclosure will not be regarded as a representation.
Exceptions to this such as where an incorrect understanding is implied from a course of dealing and the defendant has failed to negate that incorrect understanding
R v Morley
Representations must relate to a statement of existing fact, rather than a statement of future intention
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
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
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
Hayes v R
The question is whether the belief is actually held, not whether that belief is reasonable.
However reasonableness may be relevant as evidence on the issue of whether the belief was actually held
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.
