Deception Flashcards
Obtain
Obtain or retain for himself or herself or for any other person.
Service
Limited to financial or economic value, excludes privilege or benefit.
Hayes v R (Pecuniary advantage)
Anything that enhances the accused’s financial position.
Valuable consideration
Hayes v R - anything capable of being valuable consideration. Monies or monies worth.
Dishonestly
Done without belief in consent from a person with authority.
R v Misic
A document is a thing which provides evidence or information or serves as a record.
Hayes v R (uses)
An unsuccessful use of a document is as much use as a successful one.
False representation (s240 CA)
Either oral/documentary/conduct made with intent to deceive and
- Knows that it is a false material particular OR
- Is reckless as to the above OR
An omission to disclose a material particular when there is a duty to disclose with intent to deceive.
OR
A fraudulent device, trick, or stratagem used with intent to deceive any person.
Material particular
An important, essential or relevant detail or item.
R v Morley
An intention to deceive requires purposeful intent at the time deception is practiced.
Device
A plan, scheme or trick.
Trick
An action or scheme undertaken to fool, outwit, or deceive.
Stratagem
A cunning plan or scheme especially for deceiving an enemy, or trickery.
Ownership
Goods come under control, don’t have to physically have them.
R v Morley (loss)
Loss must have been caused by deception. Only has to play a part in the loss.
