Deception case law Flashcards
(20 cards)
R v Misic
A document is a thing which provides evidence or information or serves as a record.
R v Cara
Service is limited to financial or economic value, excludes privileges and benefits.
Hayes v R (PA)
Pecuniary advantage is anything that enhances the accused financial position.
Hayes v R (VC)
Anything capable of being valuable consideration. Money or monies worth.
Hayes v R (uses)
An unsuccessful use of a document is just as good as a successful one.
R v Morely
Intention to deceive requires purposeful intent at the time the deception is practiced.
R v Waterfall
Silence or non-disclosure will not be regarded as a representation. Except R v Dronjak (radio price) and Rao v Police (change stickers).
R v Love
A deliberate failure to disclose some material matter, comes within the definition of deception.
R v Cox (Possession)
Possession has two elements. Physical and mental. Custody and control as well as knowledge and intention.
Fisher v Raven
Obligation on debtor to pay or repay and the time given for them to do so by the creditor.
Morely v R
Loss must have been caused by deception. Only has to play a part in the loss.
Dishonestly
Done without belief in consent from a person with authority.
Deception
A false representation whether by oral / documentary / conduct made with intent to deceive AND known / or reckless if false in material particular.
Property definition
Real and personal property, estate or interest.
Title
A right or claim to the ownership of property.
Voidable title
Tile obtained by deception, fraud, duress or misrepresentation is voidable meaning the title can be voided by the seller.
3 ways to void title
- Making a complaint to police.
- Bringing it to the deceivers’ attention.
- Civil case
Adams on Criminal Law
‘Use’ can include a single action, or continuing use of a document.
Debt
Money owing from one person to another.
Liability
Legally enforceable financial obligation to pay (cost of a meal).
