Caselaw

Question 1

R v Collister

Answer 1

(Intent)
Circumstantial evidence can be used to infer intent, can include offenders actions and words before during or after the event, surrounding circumstances and nature of the act itself.

Question 2

Hayes v R

Answer 2

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

Question 3

Cameron v R

Answer 3

(Recklessness)
Recklessness is established if, the defendant recognised that there was a real possibility that his/her actions would bring about the proscribed result, and, that the proscribed circumstances existed, and having regard to that risk, those actions were unreasonable.

Question 4

R v Misic

Answer 4

(Document)
A thing which provides evidence, information or serves as a record.

Question 5

R v Morley

Answer 5

(Intention to deceive)
An intention to deceive requires that the deception is practiced in order to deceive the affected party.
Purposeful intent of deception is necessary and must exist at time of deception.

Question 6

Fisher v Raven

Answer 6

(Credit)
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.

Question 7

R v Mckay

Answer 7

(Intent at the time of deception)
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 8

R v Laverty

Answer 8

(Inducement)
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.

Question 9

R v Cox

Answer 9

Possession involves two elements. Physical element - actual or potential physical custody or control. Mental element - knowledge, awareness that it is in their possession and intention to exercise possession.

Question 10

Morley v R

Answer 10

(Loss)
Loss by victim must have occurred upon deception. Must be a direct loss and more than trivial.

Question 11

R v Cara

Answer 11

(Service)
Service is limited to financial or economic value and excludes privileges or benefits.

Question 12

Hayes v R #2

Answer 12

(Valuable consideration)
Anything capable of being valuable consideration whether it monetary or value or not. Money for moneys worth.

Question 13

Hayes v R

Answer 13

(Dishonestly)
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.

Question 14

R v Morley #2

Answer 14

(Representations)
Representations must relate to a statement of existing face, rather than a statement of future intention.

Question 15

R v Morley #3

Answer 15

(Loss)
Loss should be assessed by the extent to which the complainants’ position before the deception had been diminished or impaired.