Deception Flashcards
Pecuniary Advantage
R v Hayes - A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Valuable Consideration
R v Hayes - A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind. In short money or money’s worth.
Dishonestly
R v Hayes - The question is whether the belief was 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.
Document
R v Misic - Essentially a document is a thing which provides evidence or information or serves as a record.
Uses or attempts to use
R v Hayes - 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 ingredient of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
Intention to Deceive
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 at the time of deception.
Intent
R v Mohan - Intent involves a decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.
Intent Requirement
R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.
Recklessness
R v Harney - Recklessness involves foresight of dangerous consequences that could well occur, together with an intention to continue with the course of conduct regardless of the risk.
Ideal Possession
Warner v Metropolitan Police Commissioner - Ideally the possessor of a thing has complete physical control over it. He has knowledge of its existence, situation, and its qualities. He has received it from a person who intends to confer possession of it, and he himself has the intention to possess it exclusively of others.
Obtains Credit - Obligation to pay
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 an obligation to supply goods or services.
Timing of Intention to Deceive
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 the intent to deceive.
Proof of Inducement
R v Laverty - 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.
