Case Law

Question 1

Hayes v R - Dishonestly

Answer 1

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.
Hayes v R

Question 2

R v Morley - Representation

Answer 2

Must be related to a statement of existing fact, rather than a statement of future intention.
R v Morley

Question 3

R v Harney

Answer 3

Recklessness:
A conscious a deliberate taking of an unjustified risk. 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.
R v Harney

Subjective v Objective

• Defendant consciously and deliberately ran a risk (Subjective)
• That risk was unreasonable to take in the circumstances known to the defendant (Objective)

Question 4

Fisher v Raven

Answer 4

Obligation to Pay:
Credit refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extend to an obligation to supply goods or services.
Fisher v Raven

Owning Fisher and Raven credit.

Question 5

R v McKay

Answer 5

Timing of intention to deceive:
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.
R v McKay

Ummm McKay, this TIME you done it again.

Question 6

R v Laverty

Answer 6

Inducement:
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.
R v Laverty

Induced by Laverty