Case law

Question 1

PECUNIARY ADVANTAGE HAYES v R

Answer 1

Economic or Monetary advantage

anything that enhances the accused’s financial position. It is the enhancement which constitutes the advantage

Question 2

VALUABLE CONSIDERATION HAYES v R

Answer 2

Is anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.

Question 3

DOCUMENT R v MISIC

Answer 3

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

Question 4

CAUSES LOSS R v MORLEY

Answer 4

Loss … is assessed by the extent to which the complainant’s position prior to the [offence] has been diminished or impaired

Question 5

INTENT R v MOHAN

Answer 5

Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence…”

Question 6

INTENT R v WAAKA

Answer 6

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act.”

Question 7

RECKLESSLY R v HARNEY

Answer 7

Involves actual foresight by the accused of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.

Question 8

CREDIT BY DECEPTION

R v MCKAY

Answer 8

Offer to pay in advance (hotel accommodation). No intent (at time debt incurred) to deceive when credit obtained.

Question 9

INDUCEMENT

R v LAVERTY

Answer 9

The prosecution must prove that the person parting with the property was induced to do so by the false representation made.