Case Law

Question 1

R V MISIC

Answer 1

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

Question 2

HAYES V R
Use a document - s228(1)(b)

Answer 2

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.

The concept of attempt relates to use not to the ultimate obtaining of the pecuniary advantage, which is not a necessary ingredient of the offence.

Question 3

HAYES V R
valuable consideration

Answer 3

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind (money’s worth).

Question 4

HAYES V R
pecuniary advantage

Answer 4

Anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.

Question 5

R V MORLEY
Intention to deceive

Answer 5

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

R V MORLEY

Answer 6

The prosecution must prove that”
- the loss was caused by a deception
- it was reasonablely foreseeable some more than trivial loss would occure, but
- the prosecution need not prove loss was intentionally caused.

There must be a loss to “an other person”, but there is no requirement that there be any benefit to anyone.