Deception Case Law Flashcards
Hayes v R (pecuniary advantage)
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
The question is whether the belief is actually held, not whether the belief is reasonable. However reasonableness may be relevant as evidence on the issue of whether the belief was actually held
R v Misic (Document)
Essentially, a document is a thing which provides evidence or information or serves as a record
Hayes v R (unsuccessful 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 to deceive)
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 Morley (representations)
Representations must relate to a statement of existing fact rather than a statement of future intention
R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of the risk
R v Cox
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
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
Hayes v R (valuable consideration)
a valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short, money or moneys worth
Simester and Brookbanks (knowing)
knowing means knowing or correctly believing
how can knowledge be established
knowledge can be established by:
- an admission
- implication from the circumstances surrounding the event
- propensity evidence
the prosecution must prove that the defendant either knows or believes his representation to be false in a material particular or is reckless as to whether it is false
what must be proven with regards to recklessness
where recklessness is an element in the offence the following must be proven:
- the defendant consciously and deliberately ran a risk (subjective test)
- the risk was unreasonable to take in the circumstances as they were known to the defendant (objective test)
it must be proved that the defendant was aware of the risk and proceeded regardless (subjective test), but also that it was unreasonable for him to do so (objective test)
R v harney
