Deception

Question 1

S228(1)(a)

Crimes Act 1961

Answer 1

Dishonestly taking a document:
Dishonestly 
Without claim of right 
Takes or Obtains
Any document
With intent to obtain any...
   *Pecuniary Advantage 
   *Property 
   *Service 
   *Valuable Consideration

Question 2

S228(1)(b)

Crimes Act 1961

Answer 2

Dishonestly uses a document:
Dishonestly 
Without claim of right 
Uses or attempts to use
Any document
With intent to obtain any...
  *Pecuniary Advantage 
   *Property 
   *Service 
   *Valuable Consideration

Question 3

S240(a)

Crimes Act 1961

Answer 3

Obtains by deception causes loss by deception:
By any deception 
Without claim of right 
Obtains 
   *Ownership of
   *Possession of
   *Control over
Any property or privilege, pecuniary advantage, benefit, service, or valuable consideration
Directly or Indirectly

Question 4

S240(b)

Crimes Act 1961

Answer 4

Obtaining by deception:
By any deception 
Without claim of right 
In incurring any debt or liability 
Obtains credit

Question 5

S240(d)

Crimes Act 1961

Answer 5

Causes loss by deception:
By any deception
Without claim of right
Causes loss to any other person

Question 6

Intent to obtain

Answer 6

The defendant must intend to obtain, and he or she must intend to obtain by deception.

Question 7

Obtain

Answer 7

To obtain or detain for himself, herself or for any other person

Question 8

Hayes

Pecuniary advantage

Answer 8

Anything that enhances the accused’s financial position

Question 9

Hayes

Valuable consideration

Answer 9

Is anything whether monetary kind or any other kind. In short, money or money’s worth.

Question 10

Hayes

Uses

Answer 10

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

Question 11

Misic

Answer 11

A document is a thing which provides evidence, information and serves as a record.

Question 12

Without claim of right

Answer 12

A belief at the time of a proprietary and possessory right.

Question 13

Takes or obtains

Answer 13

For tangible property theft is committed by a taking when the offender moves the property or causes it to move.

Question 14

Uses or attempts to use

Answer 14

Prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration

Question 15

Document

Answer 15

• Paper for writing marked so it can be read
• Any photographs or such like
• Any disc, tape, wire, soundtrack, card etc
• Any equipment which stores or records
• ?

Question 16

Deception

Answer 16

A false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person…

There is more which I can be bothered learning

Question 17

Intent

Answer 17

An act or omission done deliberately

Question 18

Recklessly

Answer 18

Conscious and deliberate taking of an unjustified risk

Question 19

Cameron

Answer 19

Actions bring about the proscribed result. Circumstances exist and actions are unreasonable given the risk.

Question 20

Love

Answer 20

A deliberate failure to disclose some material matter by a person who has a duty to disclose it will come within the defintion of deception.

Question 21

Pecuniary advantage

Answer 21

Economic or monetary advantage.

Question 22

Cox

Answer 22

Possession:
Physical - Actual or potential custody or control
Mental - Combination of knowledge and intention.

Question 23

Debt or liability incurred

Answer 23

• Must be legally enforceable
• Debt means money owing to another person
• Liability means a legally enforceable financial obligation to pay, such as the cost of a meal.

Question 24

Obtain credit

Answer 24

Refers to the obligation on the debtor to pay or repay, and the time given to them by the creditor.

Question 25

S241

Punishment for obtaining by deception or causing loss by deception…

Answer 25

(a) Over $1000 = 7 years
(b) $500-$1000 = 1 year
(c) Under $500 = 3 months