Case Law Flashcards
Case law relating to inducement
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
Case law for ideal possession
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.
Case law relating to the false representation made by a defendant
R v Morley
Representation must relate to a statement of existing fact, rather than a statement of future intention
Phrase to help remember Hayes case Laws
HAYES is DISHONEST and tried to obtain a PECUNIARY ADVANTAGE by USING OR ATTEMPTING TO USE A DOCUMENT
Case law relating to the intention to deceive
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.
Case law for Document
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
Case law relating to Pecuniary Advantage
Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement that constitutes the element of advantage.
What is the case law that relates to Dishonestly
Hayes v R
The question is whether the belief is actually held, not if it is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held.
Case law for uses or attempts to use
Hayes v R
An unsuccessful use of a document is as much use as a successful one. The concept of attempt relates to the use and not the obtaining of a pecuniary advantage as this is not a necessary element of the offence. Because the use does not have to be successful it may be difficult to distinguish between use and attempted use
Case law relating to recklessness
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.
Case law relating to intent to deceive in relation to credit
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
Case law for obligation to pay
Fisher v Raven
Credit refers to the obligation on the debtor to pay or repay, and the time given to them to do so by the creditor. Credit does not extend to an obligation to supply services or goods.
