Case Law

Question 1

R v Misic

Answer 1

R v Misic [2001] 3 NZLR 1

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

Question 2

R v Hayes

Answer 2

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

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:

“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 necessary 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.”

Question 3

R v Morley

Answer 3

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.

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

Loss is assessed by the extent to which the complainants position prior to the offence has been diminished or impaired.

Question 4

R v Harney

Answer 4

“Recklessness means the conscious and deliberate taking 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 of conduct regardless of risk.”

Question 5

R v Cox

Answer 5

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 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 6

Fisher v Raven

Answer 6

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 services or goods.

Question 7

R v laverty

Answer 7

It is necessary for the prosecution to prove that the person Parting with the property was induced to do so by the false pretence made.