Deception Case Law Flashcards
HAYES v R (Pecuniary)
A pecuniary advantage is “anything that enhances the accused’s financial position”. It is that enhancement which constitutes the element of advantage.
HAYES v R (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
“Essentially a document is a thing which provides evidence or information or
serves as a record.”
HAYES v R (Use of a document)
“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 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.”
R v MORLEY (Intention)
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.
CAMERON v R
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.
R v MORLEY (Representation)
Representations must relate to a statement of existing fact, rather than a
statement of future intention.
R v COX (Possession)
Possession involves two elements. The first, the physical element, is actual or
potential physical custody or control. The second, the mental element is a
combination of knowledge and intention: knowledge in the sense of an awareness
by the accused that the substance is in his possession and an intention to exercise
possession. KKI
FISHER v RAVEN
‘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:
R v MCKAY
On appeal it was held that the credit had been obtained on booking in but at that
time the accused did not possess an intent to deceive.
R v LAVERTY
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
