Dishonesty - Case Law

Question 1

R v MISIC - Document

Answer 1

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

Question 2

AP Simester and WJ Brookbanks - Guilty Knowledge

Answer 2

Knowing means “knowing or correctly believing”.
The defendant may believe something wrongly, but cannot ‘know’ something that is false.

Question 3

HAYES v R - Uses a Document (attempts)

Answer 3

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 attempts 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.

Question 4

R v CARA - Service

Answer 4

Service is limited to financial or economic value, and excludes privileges or benefits.

Question 5

HAYES v R - Pecuniary Advantage

Answer 5

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

Question 6

HAYES v R - Valuable Consideration

Answer 6

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.