Case Law Flashcards
Hayes v R - Pecuniary advantage
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Hayes v R - belief in authority
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.
R v Misic - music - song sheet - document
Essentially a document is a thing which provides evidence or information or serves as a record.
Hayes v R - Uses/Attempts
An unsuccessful use 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.
R v Morley - Intent to deceive
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
Cameron v R
Recklessness is established if:
(a) the defendant recognised there was a real possibility that:
- his or her actions would bring about the proscribed result and/or
- the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable.
R v Morley - Representations
Morley = Moley moley moley = statement of existing fact
Representations must relate to a statement of existing fact, rather than a statement of future intention.
R v Cox
Possession involves two elements.
- The physical element meaning actual or potential physical custody or control.
- The mental element meaning a combination of knowledge and intention. Knowledge by the accused that it is in his possession and an intention to exercise possession.
Fisher v Raven - fishing - caught - in debt
‘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 McKay - trickay - appealed
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 - drank the tea - believed representation
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.
