Day 11: Deception Offences and Caselaw

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
  ~property
  ~service
  ~pecuniary advantage
  ~valuable consideration

Question 3

Obtaining by deception (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 (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’s financial position.

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” (moneys worth)

Question 8

R v Misic

Answer 8

“essentially a document is a thing which provides evidence or information or serves as a record”

Question 9

R v Morley

Answer 9

Purposeful intent is necessary and must exist at the time of the deception.

Question 10

Hayes v R (3) uses

Answer 10

An unsuccessful use of a document is as much use as a successful one

Question 11

All Caselaw (deception):

Answer 11

R v Hayes (1,2 and 3)
R v Morley
R v Misic