Case law Only Flashcards
Cameron v R
Cameron v R
Recklessness is established if:
(a)the defendant recognised that there was a real possibilitythat:
(i)his or her actions would bring about the proscribedresult; and/or
(ii)that the proscribed circumstances existed; and
(b)having regard to that risk those actions were unreasonable.
R v Cox
R v Cox
Possession involves twoelements.
- the physical element - actual or potential physical custody or control.
- the mental element - knowledge and intention:
knowledge -awareness of the accused that the substance is in his possession.
intention - to exercise possession.
Hayes v R
A pecuniary advantage is…
Hayes v R
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”
Hayes v R
The question is…
Hayes v R
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 Misic
R v Misic
“Essentially a document is a thing which provides evidence or information or serves as a record.”
Hayes v R
An unsuccessfull use…
Hayes v R
“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.”
R v Morley
An intention to…
R v Morley
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 Morely
Representations must relate…
R v Morely
Representations must relate to a statement of existing fact, rather than a statement of future intention.
Fisher v Raven
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 services or goods:
R v Mckay
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
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.
R v Cara
Service is limited…
R v Cara
Service is limited to financial or economic value and excludes privileges or benefits.
