Case Law

Question 1

Hayes v R (Pecuniary Advantage)

Answer 1

A pecuniary advantage is “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 (Attempts to Use)

Answer 4

Unsuccessful use of a document is as much as an attempt as a successful one.

Question 5

R v Morley (Intention to Decieve)

Answer 5

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

Question 6

R v Morley (False Representation)

Answer 6

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

Question 7

Cameron v R

Answer 7

Recklessness - must prove
Subjective test - consciously/deliberately ran risk
Objective Test - unreasonable act given Circs (would a reasonable person taken risk)

Recklessness is established if:
a) actions would bring about a proscribed result and
b) act unreasonable given the risk

Question 8

R v Cox

Answer 8

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element is a combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.

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

R v 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

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.