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CIB Modules 22/23 - Mwby42 > CIB 008 - Deception > Flashcards

CIB 008 - Deception Flashcards

1
Q

What are the procedures for investigating cheque/credit card fraud?

A

“IHCFLA”

Interview:
infmt/complainant
Contact bank - account holder name, when opened account history, number

Handwriting sample
CCTV
Forensics (doc section)
Locate offender
Arrest and prosecute

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2
Q

What are the types of investigations in company deception?

A

Category A - D

A = large scale thefts against employers by employees.

B = dishonesty offences against financial institutions by ppl outside obtaining money via deception

C = commercial deception committed against public

D = dishonesty offences committed by professionals in a position of trust

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3
Q

Liability: takes or obtains any document?

A

228(1)(a)

1- with intent to obtain any
2- PPSV - property, pecuniary adv, service, valuable consideration
3- dishonestly and
4- w/o COR
5- takes or obtains
6- any document

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4
Q

Intent to obtain?

A

The def must intend to obtain and obtain by deception

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5
Q

Def: Obtain?

A

Retain or obtain for themself

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6
Q

Def: property?

A

Includes real or personal property and any estate interest in such

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7
Q

Caselaw: HAYES v R (pecun adv)

A

A pecuniary advantage is anything that enhances the accused financial position

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8
Q

Definition of valuable consideration?

A

Anything capable of being a valuable consideration whether monetary or other kind.

In short moneys worth

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9
Q

Def: dishonestly?

A

w/o belief in express or implied consent from person entitled to give such consent

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10
Q

Caselaw: HAYES v R (claim of right)

A

Question is whether belief actually held not whether belief is reasonable.

Evidence of reasonableness may be relevant to issue of belief actually held

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11
Q

Def: COR?

A

Belief at time of act in a proprietary or possessory right - may be based on ignorance or mistake

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12
Q

Def: taking?

A

When property is moved by offender

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13
Q

4 parts of nature of belief required to prove in relation to claim of right?

A

1 - belief in proprietary/possessory right
2- related to property in question
3- belied held at time
4- belief actually held

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14
Q

Def: document?

A

Document or part of doc in any form and includes:
Paper/material capable being read
Photograph
Disc, tape, wire, card (“DTWC) which info/data recorded
Any other material which info supplied

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15
Q

Caselaw: R v MISIC?

A

Essentially a document a thing which provides evidence or info or serves as a record

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16
Q

Caselaw: HAYES v R(unsuccessful use doc)

A

An unsuccessful use of doc is as much use as a successful one. The concept of attempt relates to use not to obtaining a pecuniary advantage

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17
Q

Section 72 (1) - Attempts def?

A

Having intent to commit offence, does or omits act for purpose accomplishing object whether possible or not.

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18
Q

Section 72(3) - proximate act

A

Act may constitute attempt if sufficiently proximate and connected with offence

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19
Q

Liability: Using/attempt to use doc?

A

Section 228(1)(b)

1- with intent to obtain any
2- PPSV - property, pecuniary adv, service, valuable consideration
3- dishonestly and
4- w/o COR
5- uses/attempts to use
6- any document

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20
Q

Liability: obtain by deception?

A

240(1)(a)

1- by deception
2- w/o COR
3- obtains
4- ownership/possession/control of
5- any PPPSVB directly or indirectly

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21
Q

Liability: obtain credit by deception?

A

240(1)(b)

1- by deception
2- w/o COR
3- in incurring any debt or liability
4- obtains credit

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22
Q

Liability: altering doc capable pecuniary advantage

A

240(1)(c)

1- by deception
2- w/o COR
3- induces/causes other person to
4- “ODDAAEEM”
over deliver/destroy/accept/alter/endorse/execute/make
5- any doc capable being used derive pecuniary advantage

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23
Q

Liability: cause loss by deception?

A

240(1)(d)

1- by deception
2- w/o COR
3- causes loss to any other person

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24
Q

Def: deception? - 240(2)

A

A false representation oral/documentary/conduct- knowing/reckless it false

An omission to disclose material and duty to disclose

A fraudulent device, trick, stratagem

with intent to deceive any other person

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25
Q

A representation is not defined but what must it be capable of and contain?

A

Capable of being false so it must contain a proposition of fact

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26
Q

Caselaw: R v MORLEY (intent to deceive requires)

A

An intention to deceive requires the deception was practiced in order to deceive affected party. Purposeful intent necessary and must exist at time of deception

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27
Q

3 simple things to prove a deception?

A

A false representation was made
They knew it was false
Intended to deceive

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28
Q

Caselaw: CAMERON v R?

A

Defendant recognised real possibility actions would bring proscribed result and those actions were unreasonable

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29
Q

Caselaw R v MORLEY
(representations must relate)

A

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

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30
Q

What must the prosecution prove in relation to representations?

A

That the defendant knew the representation was false

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31
Q

How can a defendants knowledge that a representation is false be established?
(3 ways)

A

Admissions
Implications from circumstances
Propensity evidence

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32
Q

Def: omission?

A

Is inaction i.e. not acting

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33
Q

Definitions of device and trick and stratagem according to Oxford dictionary?

A

Device - PST - plan scheme or trick

Trick - ATD - action to deceive

Stratagem - cunning plan to deceive enemy

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34
Q

Caselaw: R v COX (possession)

A

Possession involves 2 elements the physical is actual or potential possession the 2nd is a combo of knowledge and intent, knowledge the substance is in their possession and an intention to exercise possession

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35
Q

Def: control?

A

To control something means to exercise authoritative or dominating influence over it

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36
Q

Def: pecuniary advantage?

A

Economic or monetary advantage

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37
Q

Def: debt?

A

Money owing from one person to another

38
Q

Def: liability?

A

Means a legally enforceable financial obligation to pay
(Eg cost of meal)

39
Q

Obtaining credit from incurring debt, what must be linked?

A

There must be a causative link between the debt and the obtaining credit

40
Q

Caselaw: FISHER v RAVEN?
(Credit refers to)

A

Credit refers to the obligation on the debtor to pay/repay and the time given for them to do so by the creditor

41
Q

When must the timing of the intention to deceive exist? (Part of deception def)

A

The intent to deceive must exist at the time when the deception is perpetrated

42
Q

Caselaw: R v MCKAY (on appeal held)

A

On appeal it was held that the credit had been obtained on booking but at that time the accused did not possess an intent to deceive

43
Q

Def: induces

A

To persuade bring about or give rise to

44
Q

Who should prove an inducement and what should they prove?

A

Person who was induced should prove it.

They should prove the false representation (deception) was believed and because of that belief victim parted with their money

45
Q

Caselaw: R v LAVERTY
(Necessary prosecution prove…)

A

Necessary for prosecution to prove that the person parting with property was induced to do so by the false representation

46
Q

Meanings of:
Deliver over
Execute
Endorse
Alter
Accept

A

Deliver over - surrender up someone or something

Execute - put course action into effect

Endorse - sign a document

Alter - change something

Accept - receive something

47
Q

Def: “any other person” element under cause loss offence.

A

Person incorporates real people and also companies and other organisations

48
Q

Penalties for deception offences based on value of loss?

A

Over $1000 = 7 years
$501-$1000 = 1 year
Under $500 = 3 months

49
Q

What is propensity evidence?

A

Evidence tends to show a persons propensity to act in a particular way or have a state of mind from evidence of acts omissions events or circumstances which person alleged to been involved

50
Q

Section 43 - propensity evidence by prosecution about defendant. What is weighed up?

A

May offer only if probative value of evidence in relation to issue in dispute outweighs risk of prejudicial effect

51
Q

What does the judge consider when assessing probative value of propensity evidence?

A

“Funts”

Frequency acts
Unusual acts extent
Number people making allegations
Time - connection
Similarity of acts

52
Q

Evidence is relevant if?

A

It has tendency to prove/disprove anything of consequence in proceeding

53
Q

What does title simply mean?

A

Legal right to property

54
Q

Title is not defined in the crimes act how does the Oxford dictionary define title?

A

A right or claim to the ownership of property

55
Q

Who never gets title?

A

A thief never gets title

56
Q

Voidable title?

A

Title obtained by deception, fraud, duress or misrepresentation. This title can be voided by others

57
Q

Section 149: contract and commercial law act 2017 - sale by person who is not owner. Summarise this?

A

Goods sold by person not owner and without authority or consent

Buyer acquires no better title to the goods than the seller had

58
Q

Section 151: contract and commercial law act 2017 - sale under voidable title.

Outline how a buyer acquires good title?
(3 steps start to end)

A

Seller of goods has voidable title to goods
Sellers title has not been void at time of sale
Buyer buys goods in good faith and without knowledge of sellers voidable title

Buyer gets good title!

59
Q

When can a person keep title of goods fraudulently obtained? 246(4) CA 61

A

If the deceit offender subsequently sells goods to an innocent buyer (not aware of defect in title) then title has been made legal

60
Q

Is title obtained on hire purchase?

A

No, only until goods have been fully paid

61
Q

Summise title when obtained by deception and what happens to title if it’s bought innocently?

A

Title will be voidable title in these cases. If an innocent purchaser buys goods obtained by a deception before title has been voided by original owner then the innocent purchaser is entitled to good title

62
Q

Section 220 theft by person in special relationship.

What are the elements?

A

1- Received/possession/control of
2- any property
3- terms/circ”s
4- that persons knows requires them to

5- to account to other person for:
- Property received
- proceeds of property received
OR
Deal with:
- property
- proceeds of property

6- and intentionally (do one of above) otherwise than in accordance with those requirements

63
Q

What are the 2 mental elements of a section 220 theft by person special relationship?

A
  • know acquisition property on terms require defendant account for property
  • aware terms effecting freedom of action and intentionally departed from their obligations
64
Q

Elements of forgery?

A

section 256 CA 61

  • makes a false doc
  • with intention of using it to obtain
  • PPPSVB
65
Q

A false document means a document?
(4 things)

A

Whole or material part altered and purports to be made by any person:

  • who did not make it
  • did not authorise it’s making
  • and doc has been altered by AEIOD and purports done so by person who didn’t
  • made in name of person with intention pass as being made by some other person
66
Q

A false document may be made by making any material alteration to a genuine document. These alterations might involve?

A

Additions
Erasures
Insertions
Obliterations
Deletions

67
Q

When is forgery complete?

A

As soon as the document is made with knowledge and intent

68
Q

4 examples of forgery?

A
  • Writing exam in name of another
  • modifying rego label
  • forged letters recommendation for CV
  • false statement service on summons
69
Q

Elements of using a forged document?

A
  • knowing a document to be forged
  • use the document to obtain
  • PPPSVB
70
Q

An alteration to a document is a material alteration of it if it does what?

A

Increases the value or negotiability of a document

71
Q

How can representations be made?

A

Orally
Documentary
By conduct

72
Q

What are the differences in regard to possession between obtaining by deception and theft?

A

The possession in theft is obtained without the owners consent and no title is obtained

73
Q

How can you void title re property obtained by some deception or fraud?

A

Communication to offender - taking of all steps to bring to their attention, letter/text/phone call

74
Q

Computer crime - define access in relation to any computer system?

A

Instruct, communicate, store or receive data, from any computer system

75
Q

What does a computer system mean?

A
  • a computer
  • 2 or more interconnected computers
  • communication links between computers or to remote terminals
76
Q

Elements accessing computer system for dishonest purpose?

A

249 CA 61

  • directly or indirectly
  • accesses any computer system and thereby
  • dishonestly
  • w/o COR
  • obtains PPPSVB
    OR
  • causes loss to any other person
77
Q

Elements of accessing computer system without authorisation?

A

252 CA 61

  • intentionally accesses
  • directly/indirectly
  • any computer system
  • w/o authorisation
  • knowing/reckless that not authorised to access computer system
78
Q

Explain what access requires a person to have to “access” a computer system?

A

Access requires person to have:
form of connection w computer system which instructions/communications may pass

79
Q

Definition of “lien” and an example?

A

A right over another’s property to protect a debt charged on that property

Eg
Mechanic repairs another persons vehicle places lien over until debt paid

80
Q

Def: privelege?

A

A special right or advantage

81
Q

Examples of a privelege?

A
  • using another persons gym card to use gym
  • access to medical services
  • withdrawal of assault charge
  • reduction in sentence
82
Q

Def: incurring debt or liability

A

The debt or liability must be legally enforceable

83
Q

Continuing representation?

A

A representation whether by words or conduct may be of continuing effect

84
Q

Silence? (Re representations under deception)

A

If an incorrect understanding is implied to a defendant and they fail to negate that incorrect understanding

Eg:
Cashier processing item for wrong price and def knows but stays silent

85
Q

Material particular means? (Deception def)

A

Something important or that matters

86
Q

Def: loss?

A

Not defined but most cases involves financial detriment. The loss caused must be a direct loss.

87
Q

List the case laws to know?

A

R v HAYES - pecun adv
R v HAYES - attempted use doc
R v HAYES - COR
R v MORLEY - false reps
R v MORLEY - intent deceive @ time
R v MCKAY - on appeal held
R v MISIC - document
R v COX - possession
CAMERON v R - reckless
R v LAVERTY - pros must prove
FISHER v RAVEN - credit refers to

88
Q

Elements of using forged document?

A

257(1)

  • knowing a document to be forged
  • uses the doc to obtain
  • PPPSVB
89
Q

Give 3 examples of valuable consideration?

A
  • monetary payment in return for goods and services
  • goods given in return for services provided
  • issuing false invoice to receive payments for goods never supplied
90
Q

Define service

A

Limited to financial or economic advantage excludes priveleges or benefits

CIB Modules 22/23 - Mwby42 (10 decks)

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