Must Know Case Law

Question 1

HAYES V R (Pecuniary advantage)

Answer 1

A pecuniary advantage is “anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage”

Question 2

HAYES V R (belief / claim of right)

Answer 2

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 3

HAYES V R (use of document)

Answer 3

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.

Question 4

CAMERON V R

Answer 4

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

Question 5

R V MISIC

Answer 5

Essentially a document is a thing which provides evidence or information or serves as a record

Question 6

R V MORLEY (representations)

Answer 6

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

Question 7

R V MORLEY (Intention)

Answer 7

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 the deception

Question 8

FISHER V RAVEN

Answer 8

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 extent to an obligation to supply services or goods

Question 9

R V MCKAY

Answer 9

On appeal it was held that the credit had been obtained on booking in but at that time the accused did not posses an intent to deceive

Question 10

R V LAVERTY

Answer 10

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 11

R V COX

Answer 11

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of knowledge and intention. Knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession