Case Law

Question 1

Hayes v R (Pecuniary Advantage)

Answer 1

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

Question 2

Hayes v R (Reasonableness)

Answer 2

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

R v Misic

Answer 3

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

Question 4

Hayse v R (Use)

Answer 4

An unsuccessful use of a document is as much use as a sucessful one. An unsuccessful use must not be equated conceptually with an attempted one. The consept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary element of the offence. Because the use does not have to be sucessful it may be difficult to draw a clear line between use and attempted use

Question 5

R v Morley (intent)

Answer 5

An intention to deceive requiers that the deception is practised in order to deceive the affected party. Purposefull intent is necessary and must exist at the time of decpetion.

Question 6

R v Morley (Representation)

Answer 6

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

Question 7

R v Harney

Answer 7

Recklessness means the concious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intetion to continue the course of conduct regardless of the risk.

Question 8

R v Cox

Answer 8

Possession involves two elements. The fist, the physical element, is actual or potential 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.

Question 9

Fisher v Raven

Answer 9

‘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 dows not extend to an obligation to supply services or goods.

Question 10

R v Mckay

Answer 10

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

R v Laverty

Answer 11

It is necessary for the purpose of prosecution that the person parting with the property was induced to do so by the false representation made.