Case Laws Flashcards
Hayes v R - What was it about
In 1997, Hayes, a primary teacher, was involved in a motor accident and injured her neck. She began receiving weekly compensation payments from Accident Compensation Corporation (ACC). She continued to submit medical certificates to ACC over an eight year period to obtain payments. She certified she was not working and was unable work when in fact she was involved, successively, in running two companies and actively assisted her partner with physical work.
Hayes’ argument was that she honestly believed her declarations regarding her capacity to work related only to capacity to work in her pre-accident occupation as a teacher; further, that she honestly believed she was entitled to receive weekly compensation payments (see Dishonesty on page 6).
Through a misdirection given to the jury, the convictions for deception were set aside and a new trial ordered, however the discussion over the terms within the legislation has value
Hayes v R
A pecuniary advantage
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
Dishonestly
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
Hayes v R
Uses or attempts to use
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 Misic
Document
Essentially a document is a thing which provides evidence or information or serves as a record
R v Morley
A representation by the defendant
Representations must relate to a statement of existing fact, rather than a statement of future intention.
R v Harney
Recklessness
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.”
Fisher v Raven
Obligation to pay
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
Timing of intention to deceive
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 Mckay - What was it about?
The defendant booked into a motel and offered to pay in advance. He was told to pay in the morning when leaving although the following morning he left without paying
R v Mckay - What was it about?
The defendant booked into a motel and offered to pay in advance. He was told to pay in the morning when leaving although the following morning he left without paying
R v Cox
Possession
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.
R v Morley
Loss
Loss should be assessed by the extent to which the complainant’s position prior to the offence has been diminished or impaired.
Of note
In most cases will involve financial detriment to the victim. Must be a direct loss.
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 to financial or economic value, and excludes privileges or benefits.
