Case Law

Question 1

R v Misic Document

Answer 1

Document

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

Question 2

Hayes V R Pecuniary Advantage

Answer 2

Pecuniary Advantage

“A pecuniary advantage is anything that enhances the accused’s financial position. It is the enhancement which constitutes the element of advantage. “

Question 3

Hayes V R Valuable Consideration

Answer 3

Valuable Consideration

“A valuable consideration is anything capable of being a valuable consideration, whether of a monetary kind or of any other kind: in short, money or moneys worth.

Question 4

R V Morley Representation

Answer 4

Representation

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

Question 5

R V Morley Intention to Deceive

Answer 5

Intention to Deceive

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

Question 6

Hayes V R Unsuccessful Use of Document

Answer 6

Unsuccessful use of Document

“An unsuccessful use of a document is as much use as a successful one.
An unsuccessful use must not be equated conceptually with an attempted one…….
Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use”

Question 7

Hayes V R Belief

Answer 7

“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 8

Takes or Obtains

Answer 8

Section 219(4)

For tangible property, theft is committed by taking when an offender moves the property or causes it to be moved.