Case Law

Question 1

‘Hayes v R’ (PA)

Answer 1

A pecuniary advantage is:
- anything that enhances the accuseds financial position
- it is that enhancement which constitutes the element of advantage

Question 2

‘Hayes v R’ (COR - Belief)

Answer 2

• The question is whether the belief is actually held, not whether that belief is reasonable.
• However, the reasonableness may be relevant as evidence on the issue of whether the belief was actually held

Question 3

‘Hayes v R’ (VC)

Answer 3

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

Question 4

‘R v Misic’

Answer 4

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

Question 5

‘Hayes v R’ (Success & Attempts)

Answer 5

• An unsuccessful use of a document is a much use as a successful one
• An unsuccessful use must not be equated conceptually with an attempted one.
• the concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary element of the offence
• Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.

Question 6

‘R v Morley’ (intention to deceive)

Answer 6

• 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 7

‘Cameron v R’ (EPRCU)

Answer 7

Recklessness is established if:
- the defendant recognised that there was a real possibility that
– his or her actions would bring about the proscribed result and/or
– that the proscribed circumstances existed and
- having regard to that risk those actions were unreasonable.

Question 8

‘R v Morley’ (Representations)

Answer 8

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

Question 9

‘R v Cox’ (Possession)

Answer 9

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 10

‘Fisher v Raven’

Answer 10

• 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 11

‘R v McKay’

Answer 11

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 12

‘R v Laverty’

Answer 12

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.