Deception

Question 1

What offence are under S228?

Answer 1

S228(1)(a)
Takes or Obtains

S228(1)(b)
Uses or attempts

Question 2

What are the elements for S228(1)(a) ?

Answer 2

Dishonesty
Without claim or right
Takes or obtains
Any document

With intent to obtain any

• property
• service
• pecuniary advantage
• valuable consideration.

Question 3

Define Dishonestly

Answer 3

Done without belief in consent from a person with authority.

S217 CA1961
Without a belief that there was express or implied consent to or authority for …. A person entitled to give such consent or authority

Question 4

Without claim of right can be defined as:

Answer 4

No belief of proprietary or possessory right to property

Question 5

Difference between taking or obtains ?

Answer 5

Taking - to take away …. The offender moves the property or causes it to be moved

Obtains - Coming into possession with or without consent of the owner

Question 6

Use is defined ….

Answer 6

Single action or continuing use

Question 7

Attempts to use define as …

Answer 7

Hayes v R

Unsuccessful use of a document is much as attempt as a successful one

Question 8

Any document defined as …

Answer 8

S217 CA1961

R v Misic - Thing which provides evidence or information or service as a record

Question 9

Property defined as ….

Answer 9

Real and personal property, estate or interest

Question 10

Service …

Answer 10

R v Cara

Service is limited to financial or economic values, excl privilege or benefit

Question 11

Pecuniary Advantage …

Answer 11

Economic or momentary advantage

Hayes v R
Something that enhances the accused financial position

Question 12

Valuable consideration …

Answer 12

Hayes v R

Anything capable of being valuable consideration

Question 13

What is the title and elements for S240(1)(a) ?

Answer 13

Obtaining by Deception or causing loss by deception

By any deception
Without claim of right
Obtains ownership OR possession of OR control over
- Property, Privilege, Service, Pecuniary Advantage, Benefit, Valuable consideration

Directly or Indirectly

Question 14

Ownership defined as …

Answer 14

Goods come under control, don’t have to physically have them

Question 15

Possession ….

Answer 15

R x Cox
2 elements

Physical - Custody or control

Mental - Knowledge and intent to posses it

Question 16

Control define as …

Answer 16

Power directing or commanding. Do not need to posses.

Question 17

What is the title and elements for S240(1)(c) ?

Answer 17

By deception
Without claim of right

Induces or causes any other person to
Deliver over | execute | make | accept | endorse | destroy or alter

Any document of thing capable of being used to derive a pecuniary advantage

Question 18

Induces means …

Answer 18

To persuade, bring about or give rise to

Question 19

Cause …

Answer 19

The Defendant must cause loss

Question 20

Thing …

Answer 20

Must be capable of being used to derive a pecuniary advantage.

Question 21

Eg of Pecuniary Advantage

Answer 21

Cash from stolen goods
Clothing or cash obtained a credit card or EFTPOS card
A discount (by using a student ID)
Avoiding or deferring payment of debt

Question 22

Eg of Valuable consideration

Answer 22

Momentary payment in return for goods or service

Goods given in return for services provided

Issuing a false invoice to receive payment for goods never supplied

Question 23

Three examples of false misrepresentation

Answer 23

Orally (spoken by words)
Document
Conduct