Case Law Flashcards
R V Hayes - Pecuniary Advantage
Anything that enhances the accused financial position
XX R V Morley - Intent to deceive
An intention to deceive requires purposeful intent at the time the deception is practiced
R V Cara - Service
Service is limited to an activity that has an element of financial or economic value excl privilege/benefit
R V Hayes - Valuable consideration
Anything capable of being valuable consideration, money or monies worth
R V Cox - Possession
Two Elements, physical and mental. Custody and control, knowledge and intention
R V Morley - Loss
Loss must have been caused by deception. only has to play a part in the loss
R V Hayes - Attempts
Unsuccessful use of a document is much as attempt as a successful
R V Misic - Document
Things which provides information, evidence or serves as a record
What was held in the case R v Morley as it relates to section 240(2) in relation to an intention to deceive
Intention to deceive requires purposeful intent and at the time the deception is practiced.
R V Fisher & Raven - Credit
Intangible, must relate to monetary obligation.
Obligation on the debtor to pay or repay,
R V Collister - proving intent
Words/actions/ gestures before/during/or after, nature of offence or circumstantial evidence
