Deception

Question 1

Hayes v R - Attempt

Answer 1

An unsuccessful use of a document is as much use as a successful one. The concept relates to the use, not the ultimate goal of obtaining a pecuniary advantage.

Question 2

S228(1)(a) CA61 Dishonestly taking or using a document

DWTAW

Answer 2

• Dishonestly
• Without claim of right
• Takes or obtains
• Any document

-With intent to obtain any
Any property
Service
Pecuniary advantage
Valuable consideration

Question 3

Define Dishonestly

Answer 3

The act or omissions was Expressly or Impliedly not consented to.

Question 4

Hayes v R

Pecuniary / valuable consideration

Answer 4

A pecuniary advantage is anything that enhances the accused financial position. That’s the element of an advantage.

A valuable consideration is “anything capable of being valuable consideration whether of a monetary kind or of any other kind. In short money or moneys worth.

Question 5

s228(1)(b) ca61 Taking or Using a document

DWUAW

Answer 5

• Dishonestly
• Without claim of right
• Uses or attempts to use
• Any document

-With intent to obtain any
Property
Service
Pecuniary advantage
Valuable consideration

Question 6

R v Misic

Answer 6

Essentially a document is a thing which provides evidence or information or serves as a record.

Question 7

R v Morley

Answer 7

An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception.

Question 8

R v Love

Answer 8

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

Question 9

Deception acts

Answer 9

False representation - Defendant must know that it is false in representation.

False representation includes:

• Orally
• By conduct
• Documentary
• Continuing effect
• Silence

Question 10

S240(1)(a)

Answer 10

• By any deception.
• Without claim of right.
• Obtains; ownership, possession, control over.
• Any property, privilege, pecuniary advantage, benefit, or valuable consideration.
• Directly or indirectly.