Deception Case Law

Question 1

Hayes v R
Uses or attempts to use

Answer 1

An unsuccessful use of a document is as much use as a successful one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, not a necessary ingredient of the offence.

Question 2

R v Hayes
Pecuniary advantage

Answer 2

Anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage

Question 3

R v Hayes
Valuable consideration

Answer 3

Anything capable of being valuable consideration, whether of a monetary kind or if any other kind; in short, money or money’s worth - includes pecuniary advantage

Question 4

R v Misic

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 deceive

Answer 5

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