Case Law Flashcards
Hayes v R - Pecuniary advantage
Anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage”
Hayes v R - Valuable consideration
Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short money or money’s worth.
Hayes v R - Dishonestly (belief)
The questions 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
R v Misic - Document
Essentially a document is a thing which provides evidence or information or serves as a record
Hayes v R - Uses or attempts to use
An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use, not to the ultimate obtaining of a pecuniary advantage, which is not a necesssary element of the offence. Because the use does not have to be successful, it may be difficult to draw a clear line between use and attempted use.
R v Morley - Intention to deceive
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.
R v Morley - Representation
Representations must relate to a statement of existing fact, rather than a statement of future intention
R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand, it involves proof that the consequences complained of could well happen, together with an intention to continue the course of conduct regardless of risk
R v Cox
Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination of both knowledge and intention. Knowledge in the sense of an awareness by the accused that substance is in his possession and an intention to exercise possession.
Fisher v Raven
‘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 service or goods.
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
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
