Day 11: Deception all Flashcards
Dishonestly taking a document
Section 228(1) (A) CA
- Dishonestly
- WCOR
- Takes or obtains
- Any document
- With intent to obtain any~property
~service
~pecuniary advantage
~valuable consideration
Dishonestly using a document
Section 228(1)(B)
- Dishonestly
- WCOR
- Uses or attempts to use
- Any document
- With intent to obtain any~property
~service
~pecuniary advantage
~valuable consideration
Obtaining by Deception (1)(A)
Section 240 (1) (A)
- By any deception
- WCOR
- Obtains~ownership
~possession of
~control over - Any~property
~privilege
~service
~pecuniary advantage
~benefit
~valuable consideration - directly or indirectly
Obtaining by deception (1)(B)
Section 240 (1)(B)
- By any deception
- WCOR
- In incurring any
~debt
~liability - obtains credit
Causing loss by deception
Section 240 (1)(D)
- By any deception
- WCOR
- Causes loss to any other person
Hayes v R (1)
A pecuniary advantage is “anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage”.
Hayes v R (2)
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind. Money or moneys worth”.
Document:
Any item that provides evidence of information or serves as a record
What must be proved under false representation:
- Intent to deceive
- There was a
representation by the
defendant - That the representation
was false and that the
defendant either
(a) knew it to be false
(b) was reckless
Examples of false representation:
Orally, by conduct, documentation
- By conduct. Representing
as a collector for charity - Documentary. Presenting
a false certificate of
qualification.
How can knowledge be established in terms of deception:
- An admission
- Implication from
circumstances
surrounding event - Propensity evidence
Difference between theft and obtaining by deception?
In theft, the property is obtained without the owners permission and title is not passed on.
Credit:
Refers to the obligation on the debtor to pay.
Payment withheld:
Intent to deceive does not exist where payment is withheld because of genuine dissatisfaction with the service.
Requirement of proof for 240 (1)(D)
Causing loss by deception:
- The loss was caused by a
deception - It was reasonably
foreseeable some more
than trivial loss would
occur - The prosecution need not
prove the loss was
intentionally caused.
Title definition:
Not defined in Crimes Act: Generally a “right or claim to the ownership of property”.
What is necessary to void title?
Seeking some judicial determination, either through a civil claim, seeking an order of the disputes tribunal or small claims tribunal
Explain what happens if property is sold to a third party before the title has been voided?
If the buyer acquires the goods in good faith and without notice of the sellers defect of the title the buyer has obtained a good title.
(Original owner cannot get title back)
Outline the concept of title:
Your right to title is only as good as the person from whom you obtained it.
- A thief never gets title
- A person who, by deception induced another to HAND OVER the goods does get title
What is a voidable title?
A title obtained by deception, fraud, duress or misrepresentation.
Means it can be voided by the seller.
