Case Law Flashcards
Hayes V R
Pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage”
Valuable consideration is “anything capable of being valuable consideration whether of a monetary kind or any other kind, in short, money or money’s worth”
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.
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
Cameron V R
Recklessness is established if:
(a) the defendant recognised that there was real possibility that
(i) his/her actions would bring about the proscribed result
And/ or
(ii) the proscribed circumstances existed.
AND
(b) having regards to that risk those actions were unreasonable
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record.
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’s at the time of the deception
Representation: Representation must relate to a statement of existing fact, rather that a statement of future intentions.
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 to an obligation to supply services or good.
R v Mckay
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
R v Laverty
It is necessary for the prosecution to prove that the person parting with property was induced to do so by the false representation made
R v Cox
The first, often called the physical element, is actual or potential physical custody or control. The second, often described as 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.
