DECEPTION - Case Law

Question 1

R v MORLEY - intention to deceive

Answer 1

R v MORLEY

The intention to deceive requires that the deception be practiced in order to deceive the affected party. Purposeful intent must exist at the time of the deception

Question 2

R v HAYES - pecuniary advantage

Answer 2

R v HAYES

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

Question 3

R v HAYES - valuable consideration

Answer 3

R v HAYES

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.

Question 4

FISHER v RAVEN - obligation to pay or repay

Answer 4

FISHER v RAVEN

Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

Question 5

R v MCKAY - Intention to deceive

Answer 5

R v MCKAY

Intention to deceive must exist when credit obtained.

Question 6

R V LAVERTY - prove inducement

Answer 6

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

Question 7

R V MORLEY - Loss

Answer 7

R V MORLEY

“The loss alleged by the victim must have been induced by, or caused in reliance, upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.”