Deception Flashcards
Dishonestly taking or using a document (take or obtains)
Section 228(1)(a) CA 1961
- Dishonestly
- Without claim of right
- Takes or Obtains
- Any document
- With intent to obtain any:
- Property, Service, Pecuniary advantage, Valuable consideration
Dishonestly using a document (uses or attempts to use)
Section 228(1)(b) CA 1961
- Dishonestly
- Without claim of right
- Uses or attempts to use
- Any document
- With intent to obtain any:
- Property, Service, Pecuniary advantage, Valuable consideration
Obtaining by Deception 240(1)(a) CA1961
Obtaining by Deception Section 240(1)(a) CA 1961
- By any deception
- Without claim of right
- Obtains - ownership or, possession of, or control over
- Any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration,
- Directly or Indirectly
Obtaining by Deception 240(1)(b) (obtains credit)
Obtaining by Deception Section 240(1)(b) CA 1961
- By any deception
- Without claim of right
- In incurring any debt or liability
- Obtains credit
Obtaining by Deception 240(1)(c)
Obtaining by Deception Section 240(1)(c) CA 1961
- By any deception
- Without claim of right
- Induces or causes any other person to deliver over, execute, endorse, accept, alter, make or destroy
- any document OR thing capable of being used to derive a pecuniary advantage
Causing Loss by Deception Section 240(1)(d)
Causing Loss by Deception Section Section 240(1)(d) CA 1961
- By any deception
- Without claim of right
- causes loss to any other person
Define Property
S2 CA1961 - Real and personal property, and any estate or interest in any real or personal property, (money, electricity) and any debt, and any thing in action, and any other right or interest.
R v Misic - Document def
A document is “A thing which provides evidence or information or serves as a record”
Hayes v R [x3]
A pecuniary advantage is - “Something that enhances the accused financial position”.
Valuable consideration is - “Anything that is money or monies worth. “
Attempts - “Unsuccessful use of a document is as much of an attempt as a successful one”.
R v Morley - intent
- “Intention to deceive requires purposeful intent at the time the deception is practiced.”
Define Deception (false representation)
Deception as defined in s240(2) CA1961
Deception means;
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and
(i) knows that it is false in a material particular;or
(ii) is reckless as to whether it is false in a material particular; or
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.
Under deception (false representation) what are the three requirements that need to be proved?
- There was an intention to deceive
- There was a representation by the defendant
- The representation was false; and that the defendant either:
(1) knew it to be false in a material particular OR (2) was reckless whether or was false in a material particular
Define title
A right or claim to the ownership of property
How is title Avoided?
Communicating it to the deceiver.
Taking all possible steps to bring it to the deceivers notice, by writing, letter, text etc.
Reporting the deception to the Police.
Define “Claim of Right” ?
A belief at the time of the act that you either owned or had a right to possess the property in question although it may be based on ignorance of law or fact
Nature of belief required for claim of right
- Belief in proprietary or possessory right in the property - a right of ownership.
- The belief must be about rights to the property in relation to which the offence is alleged to have been committed.
- The belief must be held at the time of the offence.
- The belief must be actually held by the defendant. The belief is not required to be reasonable and may be based on ignorance or mistake.
Define Obtain
Obtain means to retain for themself or any other person
Define dishonestly
An act or omission without belief that there was express or implied consent or authority from a person entitled to give such consent or authority.
Defines take
to move or cause property to be moved.
Define Intent
Deliberate act or omission with intent to obtain a specific result. Must be more than involuntary or accidental.
Hayes v R - Use of a document
An unsuccessful use of a document amounts to use of that document. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
Difference between theft and obtaining by Deception
In theft the property is obtained without the owners permission and title is not passed on.
R v Cox - Possession
Possession involves two elements:
1. The physical element - actual or potential physical control.
2. Mental Element - Knowledge of the item and intent to exercise control over it.
Fisher v Raven
Credit is an obligation on the debtor to repay the creditor within the given timeframe.
Credit does not include supplying goods and services.
Timing of intent to deceive
The defendant must hold the intention to deceive at the time the credit or debit is obtained. The intent cannot be formed at a later date / time.
R v McKay
The accused did not possess an intent to deceive at the time of obtaining the credit (booking a motel room).
Define Induces
To persuade, bring about or give rise to.
Proof of inducement
- There was a false representation that was believed.
- It was a consequence of that belief that the victim parted with their money.