Deception case law

Question 1

Hayes v R ( pecuniary advantage )

Answer 1

A pecuniary advantage is anything that enhances the accuse financial position. it is this enhancement which constitutes the element of advantage.

Question 2

Hayes v R (belief )

Answer 2

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.

Question 3

Hayes v R (use of document )

Answer 3

An unsuccessful use of a document is as much an attempt (use) as a successful one. 228(1)(b) use or attempt

Question 4

Hayes v R (valuable Consideration)

Answer 4

valuable consideration - anything whether of a monetary kind or other, in sort, money or moneys worth.

Question 5

R v Misic

Answer 5

essentially a document is a thing which provides evidence or information or serves as a record.

Question 6

R v Morley ( an intention to deceive)

Answer 6

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.

Question 7

R v Morley ( representation )

Answer 7

representations must relate to a statement of existing fact, rather than a statement off future intention.

Question 8

R v Cameron

Answer 8

Recklessness established if the defendant knew that
- his or her actions would bring about the proscribed result
-knew that the proscribed circumstances existed
regard to the risk, actions were unreasonable.

Question 9

Fisher v Raven

Answer 9

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.

Question 10

R v Mckay

Answer 10

on appeal it was held that the credit had been obtained on booking in but at that times the accused did not possess an intent to deceive.

Question 11

R v Laverty

Answer 11

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.

Question 12

R v Cox

Answer 12

possession = 2 elements

phsyical - actual or potential physical custody of control

mental - combination of knowledge and intention, knowledge something is in his possession. intention to exercise possession.