Caselaw

Question 1

Hayes V R (pecuniary advantage)

Answer 1

A pecuniary advantage is anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.

Question 2

Hayes V R (dishonestly)

Answer 2

The question is whether the belief is actually held, not whether the belief is reasonable. But reasonableness may be relevant as evidence on the issue of whether the belief was actually held

Question 3

Hayes V R (uses or attempts to use)

Answer 3

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 an necessary element of the offence. Because the use does not have to be successful, it may be difficult to draw the line between use and attempted to use.

Question 4

R v Misic (document)

Answer 4

Essentially a document is a thing which provides evidence or information or serves as a record

Question 5

R v Morley (intention to decieve)

Answer 5

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 deception.

Question 6

R v Morley (representations)

Answer 6

Representations relate to statements of existing fact, rather than a statement of future intention

Question 7

Cameron V R

Answer 7

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 exsisted
- having regard to that risk those actions were unreasonable

Question 8

R v Cox

Answer 8

Possession involves two elements. The physical element, is actual or potential physical custody or control. The second, the mental element and the combination of knowledge and intention: knowledge in a sense of an awareness by the accused that the substance is in his possession or control and an intention to exercise possession.

Question 9

Fisher v Raven

Answer 9

Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do by the creditor. Credit does not extend to an obligation to supply service or goods.

Question 10

R v McKay

Answer 10

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.

Question 11

R v Laverty

Answer 11

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.