Deception Case Law

Question 1

pecuniary advantage

Answer 1

Hayes v R

anything that enhances the defendant’s financial position. The enhancement constitutes the element of advantage.

Question 2

valuable consideration

Answer 2

Hayes v R

money or moneys worth

Question 3

Document

Answer 3

R v Misic

anything that provides evidence, information or serves as a record.

Question 4

Intent to deceive

Answer 4

R v Morley

intent must exist at the time of the deception. must be practised to deceive the affected party.

Question 5

Representations

Answer 5

R v Morley

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

Question 6

Possession

Answer 6

R v Cox

physical - potential or actual custody or control

mental - knowledge of possession and intent to possess it.

Question 7

Credit

Answer 7

Fisher v Raven

Credit is obligation to pay or repay and time given to do so by a creditor. does not extend to supply of goods or services.

Question 8

False representation

Answer 8

R v Laverty

prove that the person parting with the property did so by the false representation

Question 9

Use/Attempted use

Answer 9

Hayes v R

An unsuccessful use is as much use as an successful use