Case Law

Question 1

Hayes v R (pecuniary advantage)

Answer 1

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

Question 2

Hayes v R (dishonestly)

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

R v Misic

Answer 3

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

Question 4

Hayes v R (uses/attempts to use)

Answer 4

An unsuccessful use of a document is as much use as a successful one. An successful use must not be equated to an attempted use.

The concept of an attempt relates to use, not to the ultimate obtaining of a pecuniary advantage (which is not a necessary element of the offence).

Question 5

R v Morley (intent to deceive - deception)

Answer 5

An intention to deceive must require that the deception is practised in order to deceive the affected party.
Purposeful intent is necessary and must exist at the same time of the deception

Question 6

Cameron v R

Answer 6

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 exist, and

(b) having regard to that risk those actions were unreasonable

Question 7

R v Morley (false representation)

Answer 7

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

Question 8

R v Cox

Answer 8

Possession involves two elements.

1) Physical element - actual or potential physical custody or control
2) Mental element - A combination of knowledge and intention. Knowledge in the sense of an awareness that the substance is in his possession, and an intention to exercise possession

Question 9

Fisher v Raven (credit)

Answer 9

Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Does not extend to an obligation to supply goods or services

Question 10

R v McKay (intent - obtaining credit)

Answer 10

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

Question 11

R v Laverty

Answer 11

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