Case Law Flashcards
Hayes v R - (Pecuniary Advantage)
A pecuniary advantage is anything that enhances the accused’s financial position.
R v Misic
A document is a things which provides evidence, information or serves as a record.
Hayes v R - (Dishonestly)
Belief was held not that the belief was reasonable.
However reasonableness may be relevant in proving the offence
Hayes = Hands (belief held)
Hayes v R - (Uses or Attempts)
An unsuccessful use of a document is as much use as a successful one.
The concept of attempts relates to the use… not to obtaining a pecuniary advantage.
R v Morley (Intention to Deceive)
Deception is practise in order to deceive someone.
Purposeful intent must exist at the time of the deception.
Practise (More) & Purposeful
Cameron v R
Recklessness is established if:
a. The defendant recognised that there was a real possibility that
i. their 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)
Representation must relate to a statement of existing fact not a statement of future intentions.
Representation = Statement
R v Cox
Possession involves two elements:
- The physical element - actual or potential custody or control.
- The mental element - combination of knowledge (awareness that the substance is in their possession) and intention (intent to exercise possession).
Fisher v Raven
Credit refers to the
- obligation to pay or repay and
- the time given for them to do so by the creditor.
“Obligation to bring home fish and fishing takes time”
R v McKay
Credit had been obtained on booking in but at that time the defendant did not have an intention to deceive.
Restaurant booking for Mr McKAY
R v Laverty
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.
(Inducement)
