Case Law Flashcards
Hayes v R (pecuniary advantage)
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage
R v Misic (document)
Essentially a document is a thing which provides evidence or information or serves as a record
R v Cara (service)
Service is limited to financial or economic value and excludes privileges or benefits
Hayes v R (valuable consideration)
A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys worth
R v Morley (deception)
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.
Hayes v R (attempts)
An unsuccessful use of a document is as much use as a successful one.
Cameron v R (Reckless)
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
R v Morley (representation)
Representations must relate to a statement of existing fact, rather than a statement of future intention.
R v Cox (Possession)
Possession involves two elements. First the physical element, which is the actual or physical custody or control.
Second is the mental element. It involves a combination of knowledge and intention.
Fisher v Raven (credit)
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
R v McKay (possess intent to deceive)
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
R v Love (disclose)
A deliberate failure to disclose some material matter by a person who has a duty to disclose it will come within the definition of deception
R v Laverty (induced)
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.
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
