Deception Flashcards
Dishonesty uses or attempts to use a document
S228(1)(b)
- Dishonesty
- Without claim of right
- Uses/attempts to use
- Any document
- With intent to obtain any:
Property, service, pecuniary advantage, valuable consideration
Obtains by deception or cause loss by deception (ownership)
S240 (1)(a)
(Changing price tag to get better deal)
- By any deception
- without claim of right
- obtains ownership/ possession/ control over
- Any property, privilege, service, pecuniary advantage, benefit, valuable consideration
- Direct or indirectly
Obtaining by deception (service)
S240 (1)(b)
(Meal at a restaurant)
- By any deception
- Without claim of right
- In occurring debt or liability
- Obtains credit
Cause loss by deception
S240(1)(d)
(Covid at work)
- By any deception
- Without claim of right
- Causes loss to any other person
Dishonesty
Done with belief in consent from a person with authority
Without claim of right
No belief in possessory or proprietary right to property
Uses
Single action or continuing use
Attempts
HAYES V R - Unsuccessful use of a document is much as an attempt as a successful one
Document
R V MISIC - Thing which provides evidence or information or service as a record
Intent
Commit the act, get a specific result,
R V COLLISTER
Property
Real and personal property, estate, or interest
Service
Service is limited to financial or economic value, excl privilege or benefit
Pecuniary advantage
(Cash, sale)
HAYES R V - something that enhances the accused financial position
Valuable consideration
(stocks)
HAYES V R
HAYES V R
(Attempts)
Unsuccessful use of a document is much as attempt as a successful one
R V MISIC
(Document)
Thing which provides evidence or information or service as a record
R V COLLISTER
Words, actions, before, during, after, nature of offence and circumstantial evidence
HAYES V R
(Pecuniary advantage)
Something that enhances the accused financial position
HAYES V R
(Valuable consideration)
Anything capable of being valuable consideration. Money or monies worth
Dishonesty taking or obtaining a document (takes)
S228(1)(a)
- Dishonesty
- Without claim if right
- Takes or obtains
- Any document
- With intent, obtain any:
Property, service, pecuniary advantage, or valuable consideration
Takes
Physically removes the property
Obtains
Means to obtain or retain for himself or any other person
Deception
A false representation used with intent to deceive any person
R V MORLEY
R V MORLEY
(S240(1)(a)
Intention to deceive requires purposeful intent at the time the deception is practiced
Ownership
Goods come under control, don’t have to physically have them
Possession
R V COX - Two elements, physical and mental. Custody and control, knowledge and intention
Control
Power of directing or commanding. Do not need to possess
Debt
Money owing from one person to another
Liability
Legally enforceable financial obligation
