Case Law

Question 1

Pecuniary Advantage

Answer 1

Hayes v R

A pecuniary advantage is anything that enhances the accused’s financial position.

Question 2

Dishonestly

Answer 2

Hayes v R

The defendant had a dishonest mind unless he or she can raise a reasonable doubt on the basis of a mistaken belief.

Question 3

Document

Answer 3

R v Misic

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

Question 4

Uses or attempts to use

Answer 4

Hayes v R

An unsuccessful use of a document is as much use as a successful one.

Question 5

Intention to deceive

Answer 5

R v Morley

Purposeful intent is necessary and must exist at the time of the deception.

Question 6

Recklessness

Answer 6

Cameron v R

The defendant knew their actions would have the proscribed result, and still took an unjustified risk

Question 7

Possession

Answer 7

R v Cox

Possession involves two elements. The first, the physical element, is actual, physical custody or control. The second, the mental element is a combination of knowledge and intention: knowledge they have possession and an intention to possess.

Question 8

Credit X 2

Answer 8

Fisher v Raven

‘Credit’ refers to the obligation on the debtor to pay or repay

R v McKay

The intention to deceive must be present at the time of obtaining the credit.

Question 9

Induces

Answer 9

R v Laverty

Must prove that the person was Induced to part with property due to their belief in false representation

Question 10

Loss

Answer 10

R v Morley

Loss is assessed by a person’s position and how it has demonised due to the act.