case law

Question 1

R v Morley (intent to deceive)

Answer 1

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 2

Cameron v R

Answer 2

Recklessness is established if
The defendant recognised that there was a real possibility that
Hjis actions would bring about the proscribed result
That the proscribed circumstance existed
In regards to the risk his actions were unreasonable.

Question 3

R v Cara

Answer 3

service is limited to financial or economic value and excludes privilege or benefits.

Question 4

Hayes v R (Pecuniary advantage)

Answer 4

Anything that enhances the accused’s financial position, it is that enhancement which constitutes the element of advantage.

Question 5

Hayes V R (Valuable consideration)

Answer 5

Anything capable of being a valuable consideration, money or other kind, in short money or money’s worth

Question 6

Hayes v R (Dishonestly)

Answer 6

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 7

R v Misic

Answer 7

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

Question 8

Hayes v R (Unsuccessful use)

Answer 8

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

Question 9

R v Morley (representations)

Answer 9

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

Question 10

Police v Dronjak

Answer 10

Shopping and swapping a label from an expensive item to a cheap one and allowing the cashier to check the cheap label , held that the silence amounted to a representation.
Maintaining silence in the face of a mistake known to him and deliberately drawing the checkout assistant to the mistake, dronjak obtained title by false representation.

Question 11

R v cox

Answer 11

Possession involves two elements, physical actual custody or control and a mental element, knowledge the item in in there possession and intention to possess

Question 12

Fisher v Raven

Answer 12

Credit refers to the obligation on the debtor to pay or repay and the time given for them to do so. Credit does not extend to an obligation to provide service or goods.

Question 13

R v Mckay

Answer 13

On appeal it was held that credit had been obtained on booking in but at the time the accused did not have an intent to deceive

Question 14

r v granger

Answer 14

a second hand vehicle was sold to the informant who alleged that misrepresentations were made regarding the year and kms

Defendant argued there was no direct evidence to prove the defendant was induced to part with his money

Held that in the absence of direct evidence and inference can be drawn that the owner was induced by the representation to part with his money

If the person does not believe the false representation and still parts with money as a consequence it cannot be said the property was obtained by deception

Question 15

R v Laverty

Answer 15

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.

Question 16

R v Morely (Loss)

Answer 16

Loss is determined by the extent to which the complainants position is diminished or impaired

Question 17

R v Sizemore

Answer 17

in relation to theft by a person in a special relationship no requirement to act dishonestly or without claim of right, just intentionally failing to perform obligations is sufficient.

Question 18

R v Billingsley

Answer 18

noted that the person who suffers loss does not have to be aware of the loss at the time of the offence.