Day 11: Deception all

Question 1

Dishonestly taking a document

Answer 1

Section 228(1) (A) CA

• Dishonestly
• WCOR
• Takes or obtains
• Any document
• With intent to obtain any~property
  ~service
  ~pecuniary advantage
  ~valuable consideration

Question 2

Dishonestly using a document

Answer 2

Section 228(1)(B)

• Dishonestly
• WCOR
• Uses or attempts to use
• Any document
• With intent to obtain any~property
  ~service
  ~pecuniary advantage
  ~valuable consideration

Question 3

Obtaining by Deception (1)(A)

Answer 3

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

Question 4

Obtaining by deception (1)(B)

Answer 4

Section 240 (1)(B)

• By any deception
• WCOR
• In incurring any
  ~debt
  ~liability
• obtains credit

Question 5

Causing loss by deception

Answer 5

Section 240 (1)(D)

• By any deception
• WCOR
• Causes loss to any other person

Question 6

Hayes v R (1)

Answer 6

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

Question 7

Hayes v R (2)

Answer 7

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind. Money or moneys worth”.

Question 8

Document:

Answer 8

Any item that provides evidence of information or serves as a record

Question 9

What must be proved under false representation:

Answer 9

• 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

Question 10

Examples of false representation:

Answer 10

Orally, by conduct, documentation

• By conduct. Representing
  as a collector for charity
• Documentary. Presenting
  a false certificate of
  qualification.

Question 11

How can knowledge be established in terms of deception:

Answer 11

• An admission
• Implication from
  circumstances
  surrounding event
• Propensity evidence

Question 12

Difference between theft and obtaining by deception?

Answer 12

In theft, the property is obtained without the owners permission and title is not passed on.

Question 13

Credit:

Answer 13

Refers to the obligation on the debtor to pay.

Question 14

Payment withheld:

Answer 14

Intent to deceive does not exist where payment is withheld because of genuine dissatisfaction with the service.

Question 15

Requirement of proof for 240 (1)(D)

Answer 15

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.

Question 16

Title definition:

Answer 16

Not defined in Crimes Act: Generally a “right or claim to the ownership of property”.

Question 17

What is necessary to void title?

Answer 17

Seeking some judicial determination, either through a civil claim, seeking an order of the disputes tribunal or small claims tribunal

Question 18

Explain what happens if property is sold to a third party before the title has been voided?

Answer 18

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)

Question 19

Outline the concept of title:

Answer 19

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

Question 20

What is a voidable title?

Answer 20

A title obtained by deception, fraud, duress or misrepresentation.

Means it can be voided by the seller.