Case Law Flashcards
Intent (case law)
R v MOHAN
Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.
R v WAAKA
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.
R V MORLEY
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.
Service (case law)
R V CARA
Limited to financial or economic value.
Pecuniary advantage (case law)
R v HAYES
Anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.
Valuable consideration (case law)
R v HAYES
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short, money or money’s worth.”
Dishonestly (case law)
R v HAYES
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:
Use (case law)
R v HAYES
Unsuccessful use of a document is as much “use” as a successful one. The concept of attempt relates to the use not to the obtaining of advantage therefore it may be difficult to draw a line between use and attempted use.
Document (case law)
R V MISIC
Essentially a document is a thing which provides evidence or information or serves as a record.
Deception intent (case law)
R V MORLEY
The intention to deceive requires that the deception be practiced in order to deceive the affected party. purposeful intent must exist at the time of the deception
Actual possession (case law)
WARNER v MET POL COMMISSIONER
Ideal possession is:
- Complete physical control
- Knowledge of existence, situation, qualities.
Constructive possession (case law)
SULLIVAN V EARL OF CAITHNESS
“[Possession includes} not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”
Credit (case law)
FISHER V RAVEN
Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable
R V MCKAY
Intention to deceive must exist when credit obtained.
Induced by false representation (case law)
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
Loss (case law)
R V MORLEY
“The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”
R v BARNARD
The defendant entered a shop in a university town wearing a cap and gown to convey the notion that he was a member of the university.
R v CASLIN
The defendant was held to have obtained by a false pretence because the representation made by her that she was a prostitute, prepared to prostitute her body and that she had a bedroom available for that purpose were undoubtedly false on that particular occasion.
