Deception caselaw

Question 1

Hayes v R (Pecuniary advantage)

Answer 1

Hayes v R

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

Hayes v R

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

R v Misic (Document)

Answer 3

R v Misic

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

Question 4

Hayes v R (Unsuccessful use)

Answer 4

Hayes v R

” 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.”

Question 5

R v Morley (Intention to deceive)

Answer 5

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.

Question 6

R v Morley (A representation by the defendant)

Answer 6

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

Question 7

R v Harney (Recklessness)

Answer 7

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 risk.”

Question 8

R v Cox (Ideal possession)

Answer 8

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.

Question 9

Fisher v Raven (Credit)

Answer 9

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:

Question 10

R v McKay (Timing of intention to deceive)

Answer 10

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.

Question 11

R v Laverty (Inducement discussion)

Answer 11

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 12

Hayes v R (Valuable consideration)

Answer 12

Hayes v R

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 13

R v Morley (Loss)

Answer 13

R v Morley

The loss alleged by the Victim must have been induced by or caused in reliance upon the deception.

Question 14

R v Mallet - Material particular

Answer 14

R v Mallet

A matter will be a material particular if its something important or something that matters.