Case Law & Definitions - Deception

Question 1

Hayes v R - Pecuniary

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 - Valuable

Answer 2

A valuable consideration is anything capable of being valuable consideration, whether of monetary kind or of any other kind. In short, money or money’s worth.

Question 3

R v Misic - document

Answer 3

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

Question 4

Hayes v R - Uses or attempts to use

Answer 4

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 ingredient 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 5

Takes or Obtains

Answer 5

Taking is when the offender moves the property or causes it to be moved.

Obtains or retains for himself/herself or for any other person.

Question 6

Dishonestly

Answer 6

Act or omission without a belief that there was expressed or implied consent or authority for the act or omission from a person entitled to give such consent or authority.

Question 7

Without claim of right

Answer 7

Belief at the time of the act in a proprietary or possessory right in property. Belief may be based on ignorance or mistake of fact.

Question 8

Deception

Answer 8

A) False representation whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person - and knows that it is false - or is reckless as to whether it is false in a material particular.
B) An omission to disclose a material particular with intent to deceive any person in circumstances where there is a duty to disclose it.
C) A fraudulent device, trick or strategy used with intent to deceive any person.

Question 9

Service

Answer 9

Limited to financial or economic value and excludes privileges or benefits.

Question 10

Property

Answer 10

Real and personal property and any estate or interest in any real or personal property, money, electricity, other right or interest.

Question 11

3 examples of false representation

Answer 11

Orally - claiming to own goods that are actually subject to hire purchase
By Conduct - Representing oneself to be a collector for charity by appearing to carry an official collection bag.
Documentary - Presenting a false certificate or qualification.

Question 12

R v Morley - Intent

Answer 12

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.

Question 13

Debt, Liability & Credit

Answer 13

Debt - money owing from one person to another.
Liability - legally enforceable financial obligation to pay (cost of a meal).
Credit - Obligation on the debtor to pay or repay and the time given for them to do so.