DECEPTION Case Law Flashcards
R v Cox
Possession involves two elements. The first, often called the physical element, is actual or potential physical custody or control. The second, often described as a mental element.. is the combination of the knowledge and intention: Knowledge is the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession. (Possession)
R v Cara
Service is limited to finical or economic value, and excludes privileges or benefits.
R v Haynes (pecuniary advantage)
A pecuniary advantage is anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.
R v Haynes (Valuable consideration)
A valuable consideration is anything capable of being valuable consideration, whether of monetary kind or of any other kind, in short, money or money’s worth.
R v Haynes (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 Misic
Document - essentially a document is a thing which provides evidence or information or serves a s record.
R v Morley
Intent - An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
Morley v R
The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.
AP Simester and WJ Brookbanks
Knowing means “Knowing or correctly believing” The defendant may believe something wrongly, but cannot know something that is false. (Guilty Knowledge)
Haynes 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 ingredient of the offence. Because the use doe not have to bee successful it may be difficult to draw a clear line between use and attempted use.
Simester & Brookbanks
the debt or liability must be legally enforceable. This means that if the contract is void or illegal there will be no offence.
Morley v R
The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.
