Deception

Question 1

Dishonestly using or taking a document - Act and Section

Answer 1

Crimes Act 1961 - 228 (1)

Question 2

Dishonestly using or taking a document - Elements

Answer 2

Dishonestly

without claim of right

Takes or obtains

Or

Uses or attempts to use

any document

With intent to obtain any property, service, percuniary advantage or valuable consideration

Question 3

Hayes v R - Attempt

Answer 3

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

Question 4

R v Misic

Answer 4

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

Question 5

R v Cara

Answer 5

Service is limited to financial or economic value and excludes privileges or benefits.

Question 6

Hayes v R - Pecuniary Advantage

Answer 6

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage”.

Question 7

Hayes v R - Valuable consideration

Answer 7

A valuable consideration is”anything capable of being valuable, whether of a monetary kind or any other kind; in short, money or money’s worth.”

Question 8

Obtaining by deception or causing loss by deception - Act and Section

Answer 8

Crimes Act 1961 240 (1) (a)

Question 9

Obtaining by deception or causing loss by deception - Elements

Answer 9

By any deception

without claim or right

obtains

ownership

or

possession of

or

Control over

Any property 
any privilege,
service,
pecuniary advantage,
benefit,
valuable consideration

directly or indirectly

Question 10

R v Morley

Answer 10

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 11

Obtaining by or causing loss by deception - Act and section

Answer 11

Crimes Act 1961 - 240 (1) (b)

Question 12

Obtaining by or causing loss by deception - Elements

Answer 12

By any deception

without claim of right

in incurring any debt or liability

Obtains credit

Question 13

Obtaining by deception or causing loss by deception (c) - Act and section

Answer 13

Crimes Act 1961 Section 240 (1) (c)

Question 14

Obtaining by deception or causing loss by deception (c) - Elements

Answer 14

By any deception

Without claim of right

Induces or causes any other person to

deliver over
execute
make 
accept
endorse
destroy or alter

any document

or thing capable of being used to derive a pecuniary advantage

Question 15

Obtaining by deception or causing loss by deception (d) - Act and Section

Answer 15

Crimes Act 1961 240 (1) (d)

Question 16

Obtaining by deception or causing loss by deception (d) - Elements

Answer 16

By any deception

without claim of right

Causes loss to any other person