Case Law (11)

Question 1

Hayes (1)

Answer 1

Pecuniary advantage is ‘anything that enhances the financial position of the accused.’ It is this enhancement that constitutes the element of advantage.

Question 2

Hayes (2)

Answer 2

Dishonest belief - ‘John held a dishonest belief.’ Although reasonableness does not have to be proven, reasonableness may be relevant as evidence as to whether or not John held that belief.

Question 3

Misic

Answer 3

Document is anything that serves as a record or provides evidence or information

Question 4

Hayes (3)

Answer 4

An unsuccessful attempt is just as sufficient as a successful attempt in relation to the offence of uses or attempts to use - whether or not the accused reached the ultimate step of obtaining pecuniary advantage is not required to prove the offence. Therefore it is difficult to draw a clear distinction between the two.

Question 5

Morley (1)

Answer 5

An intention to deceive requires that the deception is practices in order to deceive the affected party. Purposeful intent is necessary and must exit at the time of the deception.

Question 6

Cameron

Answer 6

recklessness is established if

1. The Defendant recognised that there was a real possibility that their actions would bring about the proscribed result AND/OR
2. the proscribed circumstances existed and the accused actions in relation to that risk were unreasonable

Question 7

Morley (2)

Answer 7

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

Question 8

Cox

Answer 8

Possession involves the physical and mental elements. Physical possession includes actual or potential physical custody or control and mental element is the knowledge that the thing is in their possession together with an intention to exercise possession of that thing.

Question 9

Fisher v Raven

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. Credit does not extend to an obligation to supply services or goods.

Question 10

McKay

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

Laverty

Answer 11

It it necessary for prosecution to prove that the person parting with the property was induced to do so by the false representation made.