Key Case Law Flashcards
HAYES V R (Pecuniary advantage)
A pecuniary advantage is “anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage”
HAYES V R (Dishonesty)
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
HAYES V R (use of document)
An unsuccessful use of a document is as much 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.
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
R V MISIC
Essentially a document is a thing which provides evidence or information or serves as a record
R V MORLEY (Deception)
Representations must relate to a statement of existing fact, rather than a statement of future intention
R V MORLEY (Intention)
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
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 extent to an obligation to supply services or goods
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 posses an intent to deceive
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
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
R v Cara
Service is limited to financial or economic value and excludes privileges or benefits
Hayes v R (valuable consideration)
Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or moneys worth
R v Harney
A real possibility is substantively the same as something that “could well happen”
R v Crooks
Accused may also be liable if their conduct has amounted to ‘wilful blindness’ and thus is equated to knowledge
Police v Boyd
conceal includes a) the actual hiding of a document, b) the denial of its existence, c) withholding of it in the face of a positive duty to disclose it
Police v Le Roy
Benefit bears its natural meaning of any advantage and was not limited to financial or pecuniary advantage
R v Collister
Circumstantial evidence from which an offenders intent may be inferred can include: the offenders actions and words before, during and after the event; the surrounding circumstances; the nature of the act itself
