Case Law Flashcards
R v Cox
Possession involves two elements, the physical element that is the actual or potential physical custody or control. The second is the mental element, a combination of knowledge that the thing is in their possession and an intention to exercise possession.
R v Misic
A document is a thing which provides evidence of information or serves as a record
Hayes v R
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.
R v Cara
Service is limited to financial or economic value and excludes privileges or benefits.
Hayes V R - pecuniary advantage
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage
Hayes V R - valuable consideration
A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or any other kind, in short money or moneys worth.
R v Harpur
An attempt includes an act or admission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
Morley v R
Intention to deceive requires purposeful intent at the time the deception is practiced
Cameron V R
Recklessness is established if-
The defendant recognised there was a real possibility that his actions would bring about the prescribed result.
- that the prescribed circumstances existed
Having regard to that risk those actions were unreasonable.
R v Collister
Intent may be inferred by:
- the offenders words and actions before, during and after the event.
- the surrounding circumstances
- the nature of the act itself.
R v Morley
Representations must relate to a statement of existing fact, rather than a statement of future intention
Fisher V Raven
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
R v McKay
On appeal it was held that the credit had been obtained on booking in to the hotel, but at that time the accused did not possess an intent to deceive.
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
R v Morley (loss)
Loss must have been caused by the deception, however there can be other factors at play.
