Case Law

Question 1

Pecuniary Advantage

Answer 1

Hayes v R

A pecuniary advantage is anything that enhances the accused financial position. It is the enhancement which constitutes the element of advantage.

Question 2

Dishonestly

Answer 2

Hayes v R

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

Question 3

Document

Answer 3

R v Misic

Essentially a document is a thing whichprovides evidence or information or serves as a record

Question 4

Uses or attempts to use

Answer 4

Hayes v R

An unsuccessful use of a document is as much use as a successful one and should not be seen as an attempt. The concept of attempt relates to the use of the document and not the ultimate obtaining of a pecuniary advantage which is not a necessary element of the offence. Because the use may not be successful it may be difficult to draw a clear line between a use and an attempted use.

Question 5

Intention to deceive

Answer 5

R v Morley

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 6

A representation by the defendant

Answer 6

R v Morley

Representation must relate to a statement of existing fact, rather than a statement of future intention

Question 7

Recklessness

Answer 7

R v Harney

Recklessness means the conscious and deliberate taking of an unjustified risk. In NZ it involves proof that the consequences complained of could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 8

Possession

Answer 8

R v Cox

Possession involves two elements. The first being the physical element which is the actual or potential custody or control and the second element being the mental element which involves knowledge in the sense of awareness that the substance is in their possession and an intention to exercise possession.

Question 9

Obligation to pay

Answer 9

Fisher v Raven

Credit refers to the obligation on the debtor to pay or repay, and the time given them to do so by the creditor. Credit does not extend to an obligation to supply services or goods.

Question 10

Timing of intention to decive

Answer 10

R v McKay

On appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive

Question 11

Inducement

Answer 11

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