Case law - for liabilities Flashcards
R V Morley - loss
Loss must have been caused by deception. Only has to play a part in the loss
R V Morley - intention to deceive
Intention to deceive requires purposeful intent at the time the deception is practiced.
R V Cox - Possession
Two elements physical and mental. Custody and control, knowledge and intention.
R V Cara - Service
Service is limited to financial or economic value excl privilege or benefit
R V Hayes - pecuniary advantage
Something that enhances the accused financial position
R V Hayes - Valuable Consideration
Anything capable of being valuable consideration. Money or Monies worth.
R V Misic - Document
Thing which provides evidence or information or service as a record
R V Collister - Intent
words/actions before/during/after, nature of offence and circumstantial evidence
R V Hayes - Reasonable belief
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
R V Hayes - Unsuccessful attempt
Unsuccessful use of a document is as much use as a successful one
Cameron test - recklessness
Recklessness is established if
they recognise that there was a real possibility that his actions would bring about the proscribed result AND/OR
The proscribed circumstances existed AND
having regards to the that risk those actions were unreasonable
Simester and Brookbank - Knowledge
Knowing or correctly believing
R V Laverty - Inducement
It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation
