important case law deception Flashcards
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 neccessary 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.
Morley v R 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.”
R v Morley - deception
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
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 neccessary 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.
Hayes v R
“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.”
Morley v R in relation to loss
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.
R v Morley - deception
Essentially a document is a thing which provides evidence or information or serves as a record
R v Misic
