Deception - case law

Question 1

Pecuniary advantage

Answer 1

Hayes v R [2008]
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage”.

Question 2

Valuable consideration

Answer 2

Hayes v R [2008]
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kinda; in short, money or money’s worth”.

Question 3

Uese or attempts to use

Answer 3

Hayes v R [2008]
“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 does not have to be successful it may be difficult to draw a clear line between use and attempted use.”

Question 4

Document

Answer 4

R v Misic [2001]

“Essentially a document is a thing which provides evidence or information or serves as a record.”

Question 5

Intention to deceive

Answer 5

R v Morley [2010]
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 6

Recklessness

Answer 6

Cameron v R [2017]
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.