Case Law Flashcards
What was held in Hayes v R (Pecuniary)?
Hayes V (Pecuniary) A Pecuniary advantage is "anything that enhances the accused's financial position. It is that enhancement which constitutes the element of advantage".
What was held in Hayes v R (Dishonestly)?
Hayes v R (Dishonestly)
The questions is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issues of whether the belief was actually held.
What was held in R v Misic (Document)?
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record.
What was held in Hayes v R (Attempts)?
Hayes v R
An Unsuccessful use of a document is as much use of a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not the ultimate obtaining of a pecuniary advantage, which is not a necessary element of the offence. Because the use doe snot have to be successful it may be difficult to be draw a clear line between use and attempted use.
What was held in R v Morley (Intention to deceive)?
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.
What was held in R v Morley (Representation)?
R v Morley
Representations must relate to a statement of existing fact, rather than a statement of future intention.
What was held in R v Harney (Recklessness)?
R v Harney
Recklessness means the conscious and deliberate of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course regardless of the risk.
What was held in R v Cox?
R v Cox
Possession involves two elements. The first the physical element, is actual or physical custody or control. The second, the mental element is a combination of knowledge and intention, knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
What was held in Fisher v Raven (Obligation)?
Fisher v Raven
Credit refers to 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 services or goods.
What was held in R v Mckay (Intention)?
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.
What was held in R v Laverty (Induced)?
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.
Six things a judge may consider when examining propensity evidence?
Frequency of the acts.
Time between the acts and the offence at hand.
Same or similar to offence at hand
Number of complaints
Collusion or suggestibilty of the complainants.
How unusual the circumstances of the case and offence are hand is.
