Deception - Case Law

Question 1

Hayes v R - Uses

Answer 1

• An unsuccessful use of a document is as much use as a successful one. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use

Question 2

R v Misic

Answer 2

• Essentially a document is a thing which provides evidence or information or serves as a record

Question 3

R v Cara

Answer 3

• Service is limited to financial or economic value

Question 4

Hayes v R - Pecuniary Advantage

Answer 4

• Anything that enhances the accused’s financial position

Question 5

Hayes v R - Valuable Consideration

Answer 5

• Anything capable of being valuable consideration whether of monetary kind or of any other kind

Question 6

R v Morley

Answer 6

• Purposeful intent is necessary and must exist at the time of the deception

Question 7

R v Cox

Answer 7

• Possession involves two elements, physical and mental. physically is actual or potential custody or control. mental is a combination of knowledge and intention

Question 8

Morley v R

Answer 8

• Loss alleged by the Victim must have been induced by or caused in reliance upon the deception