Deception (Important case law)

Question 1

What are the four definitions provided for by Hayes v R ?

Answer 1

Pecuniary advantage
Belief
Use of a document
Dishonesty

Question 2

Hayes v R - what does it state in relation to a pecuniary advantage?

Answer 2

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

Question 3

Hayes v R - what does it state in relation to a belief?

Answer 3

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 4

R v Misic - What does it outline?

Answer 4

Definition of document (short)

Question 5

R v Misic - What does it state?

Answer 5

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

Question 6

Hayes v R - What does it state in regard to a use of a document?

Answer 6

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 7

What are the two definitions covered by R v Morley?

Answer 7

Intention to deceive
Representation by the defendant

Question 8

R v Morley - what does it state in relation to an intention to deceive?

Answer 8

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 9

Cameron v R - what does it outline?

Answer 9

Recklessness

Question 10

Cameron v R - what does it state in relation to recklessness?

Answer 10

Recklessness is established if
The defendant recognised that there was a real possibility that;
- His or her 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 11

R v Morley - what does it state in relation to a representation by the defendant?

Answer 11

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

Question 12

R v Cox - What does it state?

Answer 12

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 13

Fisher v Raven - what does it cover?

Answer 13

Credit

Question 14

Fisher v Raven - what does it state in relation to credit?

Answer 14

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 15

R v Mckay - What does it cover?

Answer 15

Timing

Question 16

R v Mckay - what does it state in relation to timing?

Answer 16

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 17

R v Laverty - What does it cover?

Answer 17

Inducement

Question 18

R v Laverty - What does it state in relation to inducement?

Answer 18

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 19

What did Hayes v R state in relation to dishonesty?

Answer 19

Dishonesty can be inferred from the circumstances unless the defendant shows reasonable doubt in his relevant but misguided belief