Deception Module - Case Law Flashcards
What was held in Hayes v R in relation to the definition of 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 money’s worth’.
What was held in Hayes v R in relation to 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.
What was held in R v Misic?
“Essentially a document is a thing which provides evidence or information or serves as a record.”
What was held in Hayes v R in relation to 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. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.”
What was held in R v Morley in relation to intent?
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.
What was held in Cameron v R?
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
What was held in R v Morley in relation to representation?
Representations must relate to a statement of existing fact, rather than a statement of future intention.
What was held in R v Waterfall?
As a general rule, silence or non-disclosure will not be regarded as a representation, but there are exceptions to this such as where an incorrect understanding is implied from a course of dealing and the defendant has failed to negate that incorrect understanding.
What was held in Semester and Brookbanks regarding knowledge?
Knowing means “knowing or correctly believing… the defendant may believe something wrongly but cannot ‘know’ something that is false”.
What was held in 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.
What was held in Fisher v Raven?
‘Credit’ refers to the obligation on the debtor to pay or repay, and the time given to do so by the creditor. Credit does not extend to an obligation to supply services or goods.
What was held in 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.
What was held in 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.
What was held in R v Morley in relation to loss?
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.
