Deception Case Law

Question 1

Hayes v R - pecuniary advantage

Answer 1

A pecuniary advantage is ‘anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage’.

Question 2

Hayes v R - dishonestly

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 - attempts

Answer 3

An unsuccessful use of a document is as much as use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of an attempt relates to use, no 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.

Question 4

R v Misic

Answer 4

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

Question 5

R v Morley - intention to deceive

Answer 5

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

R v Morley - representations

Answer 6

Representations must relate to a statement of existing facts, rather than a statement of future intention.

Question 7

Cameron v R

Answer 7

Recklessness is established if the defendant recognised that there was a real possibility that actions would bring about the proscribed result, and/or that the proscribed circumstances existed, and having regard to that risk those actions were unreasonable.

Question 8

R v Cox

Answer 8

Possession involves two elements. Physical element = actual or potential physical custody or control. Mental element = combination of knowledge and intention: knowledge in the sense of awareness by the accused that the substance is in his/her possession and an intention to exercise possession.

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 time 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.