Case Law

Question 1

Hayes V R

Answer 1

• Pecuniary Advantage is anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage
• 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
• Unsuccessful use of a document is much as attempt as a successful one.

Question 2

R v Misic

Answer 2

Thing which provides evidence of information or serves as a record

Question 3

R v Morley

Answer 3

Intention to deceive requires purposeful intent at the time the deception is practised

Representation must relate to a statement of existing fact, rather than a statement of future intention

Question 4

Cameron v R

Answer 4

Recklessness is established if
The defendant recognised that there was a real possibility that:
His or her actions would bring about the proscribed result; and/or
That the proscribed circumstances existed; and
Having regard to that risk those actions were unreasonable

Question 5

R v Cox

Answer 5

Possession involves 2 elements.

First element physical or potential physical custody or control.

Second, mental element combination of knowledge and intention

Question 6

Fisher v Raven

Answer 6

Credit refers to 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 good.

Question 7

R v McKay

Answer 7

On appeal it was held that credit had been obtained on booking in but at that time the accused did not possess an intent to deceive

Question 8

R v Laverty

Answer 8

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