Case Law for Deception

Question 1

Case Law for Service

Answer 1

R V CARA

Service is limited to financial or economic value, and excludes privileges or benefits.

Question 2

Case law for Pecuniary Advantage

Answer 2

HAYES V R

A pecuniary advantage is something that enhances the accused’s financial position.

Question 3

Case Law for valuable consideration

Answer 3

HAYES V R

Anything capable of being valuable consideration. whether of of monetary kind or any other kind.

Question 4

Case law for uses/attempts to use

Answer 4

HAYES V R

Unsuccessful use of a document is as much use as a successful one.

It may be difficult to prove the difference between uses and attempts to use.

Question 5

Case law for document

Answer 5

R V MISIC

Thing which provides evidence or information or serves as a record.

Question 6

Case law for intent to deceive

Answer 6

R V MORLEY

An intention to deceive requires that the deception is practised in order to deceive the affected party.

Question 7

Case law for Debt

Answer 7

SIMESTER AND BROOKBANKS

The debt or liability must be legally enforceable. This means that if the contract is void or illegal there will be no offence.

Question 8

Case Law for Cause Loss

Question 9

Definition of Dishonestly

Answer 9

Crimes Act 1961 Section 217

done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 10

Definition of Document

Answer 10

Crimes Act 1961 Section 217

Question 11

Definition of Deception

Answer 11

Crimes Act 1961 Section 240(2)
(a) a false representation, whether oral, documentary, or by conduct, where the person
making the representation intends to deceive any other person and—
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or
(b) an omission to disclose a material particular, with intent to deceive any person, in
circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 12

Case law for duty to disclose

Answer 12

A deliberate failure to disclose some material matter by a person who has a duty to disclose it will come within the definition of deception.