Case Law

Question 1

R v Cara

Answer 1

Service is limited to financial or economic value, & excludes privileges or benefits.

Question 2

Hayes v R (Pecuniary Advantage)

Answer 2

A pecuniary advantage is….

• anything that enhances the accused’s financial position.
• it is that enhancement which constitutes the element of advantage.

Question 3

Hayes v R (Valuable Consideration)

Answer 3

A valuable consideration is….

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

Question 4

Hayes v R (Dishonestly)

Answer 4

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

Question 5

R v Misic

Answer 5

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

Question 6

R v Morley

Answer 6

An intention to deceive requires -

• that the deception is practised in order to deceive the affected party
• purposeful intent is necessary & must exist at the time of deception

Question 7

R v Crooks

Answer 7

The accused may also be liable if their conduct has amounted to “wilful blindness” & thus is equated to knowledge (conduct of accused amounting to putting their head in the sand)

Question 8

Fisher v Raven

Answer 8

Credit refers to -

• the obligation on the debtor to pay or repay
• & the time given for them to do so by the creditor
• credit does not extend to an obligation to supply services or goods

Question 9

R v McKay

Answer 9

Held -

• that the credit had been obtained on booking in
• at that time the accused did not possess an intent to deceive

Question 10

R v Laverty

Answer 10

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

Question 11

Hayes v R (Use or Attempted Use)

Answer 11

• An unsuccessful use of a document is as much use as a successful one.
• The concept of attempt relates to use, not to the ultimate obtaining of a pecuniary advantage.
• Because the use does not have to be successful, it may be difficult to draw a clear line between use & attempted use.