Deception Flashcards
S228(1)(a)
Crimes Act 1961
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
S228(1)(b)
Crimes Act 1961
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
S240(a)
Crimes Act 1961
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
S240(b)
Crimes Act 1961
Obtaining by deception: By any deception Without claim of right In incurring any debt or liability Obtains credit
S240(d)
Crimes Act 1961
Causes loss by deception:
By any deception
Without claim of right
Causes loss to any other person
Intent to obtain
The defendant must intend to obtain, and he or she must intend to obtain by deception.
Obtain
To obtain or detain for himself, herself or for any other person
Hayes
Pecuniary advantage
Anything that enhances the accused’s financial position
Hayes
Valuable consideration
Is anything whether monetary kind or any other kind. In short, money or money’s worth.
Hayes
Uses
An unsuccessful use of a document is as much use as a successful one.
Misic
A document is a thing which provides evidence, information and serves as a record.
Without claim of right
A belief at the time of a proprietary and possessory right.
Takes or obtains
For tangible property theft is committed by a taking when the offender moves the property or causes it to move.
Uses or attempts to use
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
Document
- 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
- ?
Deception
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
Intent
An act or omission done deliberately
Recklessly
Conscious and deliberate taking of an unjustified risk
Cameron
Actions bring about the proscribed result. Circumstances exist and actions are unreasonable given the risk.
Love
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.
Pecuniary advantage
Economic or monetary advantage.
Cox
Possession:
Physical - Actual or potential custody or control
Mental - Combination of knowledge and intention.
Debt or liability incurred
- 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.
Obtain credit
Refers to the obligation on the debtor to pay or repay, and the time given to them by the creditor.
S241
Punishment for obtaining by deception or causing loss by deception…
(a) Over $1000 = 7 years
(b) $500-$1000 = 1 year
(c) Under $500 = 3 months
