Deception Flashcards
Hays v R (defendants financial position)
a pecuniary advantage is anything that enhances the accused’s financial position. it is that enhancement which constitues the element of advantage.
Valuable consideration means
money or moneys worth.
Hays v R (belief/ reasonable)
the question is whether the belief is actually hled, 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
essentually a document is a thing which provides evidence or information or serves as a record
Hays r V (successful/ unsuccessful use of a document)
an unsuccessful use of a document is as much use as a successful one.
An unsuccessful use does not equal an attempted use.
The concept of attempt relates to use, not to the ultimate obtaining of a pecuniary advantange (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.
deception defined
(A)a false representation, whether oral, documentary, or by conduct where the person making the representation intends to deceive any other person and
know that it is false in a material particular
or
is reckless as to whether it is false in a material particular.
(B) ommission to disclose information when there is a duty to disclose it, with intent to deceive any person.
(C) a fraudulant device, trick, stretegy used with intent to decieve any person.
definition of representation
must be capable of being false so it must contain a proposition of fact.
false representation definition
representation must be false and defendant must know/believe/ be reckless as to whether information is false.
Absolute certainty not required, wilful blindness as to falsity it sufficient.
What must you prove- deception
they had an intent to deceive.
there was a representation by the defendant.
that representation was false by either…
knowing it to be false in a material particular
or
was reckless as to whether it was false in a material particular.
R v MORELY (intent go deceive)
an intention to deceive requires that the deception is practised in order to deceive the affect party.
purposeful intent is neccessary and must exist at the time of the deception
Cameron v R
reckless is established if they recognise that there was a real possilbility that…
Their actions would bring about a prescribed result… and having regard to that risk those actions were unreasonable.
intent
deliberate act, specific outcome.
orally (example)
verbally claiming to own goods that are subject to a hire purchase agreement
by conduct (example)
representing oneself as a collector for a charity by appearing to carry an official collection bag.
documentary (example)
presenting a false certificate of qualification.
R V MORELY (representation)
representations must relate to a statement of existing fact, rather than a statement of future intention
knowledge means (simester and brookes)
knowing or correctly believing.
you may beleive something wrongly but you cannot know somthing that is false
knowledge is established by
an admission
implication from the circumstances surrounding the event
propensity evidence
material particular definition
important, essential, relevant detail or item.
IE something important or something that matters.
duty to disclose is often seen where?
in civil law, eg, parties are in a contractual relationship.
device definition
a plan scheme or trick
trick definition
an action or scheme undertaken to fool outwit or deceive
strategem
a cunning plan or scheme especially for deceiving an enemy or trickery.
what is the difference between theft and deception
in theft the property is obtained without the owners permission and title is not passed on.