Deception - case law Flashcards
Hayes v R
- pecuniary advantage
“anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”
Hayes v R
- valuable consideration
“anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth”.
Hayes v R
- dishonestly 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
- unsuccessful use
“An unsuccessful use of a document is as much use as a successful 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.”
R v Morley
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.
R v Mohan
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
R v Harney
“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”
Warner v Metropolitan Police Commissioner
Ideally, a possessor of a thing has complete physical control over it; he has knowledge of:
- its existence, its situation and its qualities;
- he has received it from a person who intends to confer possession of it, AND
- he has himself the intention to possess it exclusively of others
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.
