Other Case Law Flashcards
(12 cards)
R v Cara
Service is limited to financial or economic value and excludes privileges or benefits
Hayes v R (valuable consideration)
Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys worth
R v Harney
A real possibility is substantively the same as something that “could well happen”
R v Crooks
Accused may also be liable if their conduct has amounted to ‘wilful blindness’ and thus is equated to knowledge
Police v Boyd
conceal includes a) the actual hiding of a document, b) the denial of its existence, c) withholding of it in the face of a positive duty to disclose it
Police v Le Roy
Benefit bears its natural meaning of any advantage and was not limited to financial or pecuniary advantage
R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include: the offenders actions and words before, during and after the event; the surrounding circumstances; the nature of the act itself
R v Dakers
Held that where tickets that had been presented to the TAB previously were presented again by the accused there was a use of the tickets to obtain a pecuniary advantage. The TABs system ensured that the money was not paid out , but this was not due to the characteristics of the tickets themselves. Thus the purpose was unsuccessful but not the use.
R v Billingsley
The person who suffers the loss does not have to be aware of the loss at the time of the offence
R v Mallett
A matter will be a material particular if it is something important or something that matters
R v Morley (induce / loss)
The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception.
But the deception need not be the only operative factor, so long as it plated a material part in occassioning the loss
R v Morley (proof)
The Crown must prove that:
- loss caused by deception
- reasonably foreseeable that a more than trivial loss would occur
But: need not prove the loss was intentionally caused
