Deception

Question 1

Dishonesty uses or attempts to use a document
S228(1)(b)

Answer 1

• Dishonesty
• Without claim of right
• Uses/attempts to use
• Any document
• With intent to obtain any:
  Property, service, pecuniary advantage, valuable consideration

Question 2

Obtains by deception or cause loss by deception (ownership)
S240 (1)(a)
(Changing price tag to get better deal)

Answer 2

• By any deception
• without claim of right
• obtains ownership/ possession/ control over
• Any property, privilege, service, pecuniary advantage, benefit, valuable consideration
• Direct or indirectly

Question 3

Obtaining by deception (service)
S240 (1)(b)
(Meal at a restaurant)

Answer 3

• By any deception
• Without claim of right
• In occurring debt or liability
• Obtains credit

Question 4

Cause loss by deception
S240(1)(d)
(Covid at work)

Answer 4

• By any deception
• Without claim of right
• Causes loss to any other person

Question 5

Dishonesty

Answer 5

Done with belief in consent from a person with authority

Question 6

Without claim of right

Answer 6

No belief in possessory or proprietary right to property

Question 7

Uses

Answer 7

Single action or continuing use

Question 8

Attempts

Answer 8

HAYES V R - Unsuccessful use of a document is much as an attempt as a successful one

Question 9

Document

Answer 9

R V MISIC - Thing which provides evidence or information or service as a record

Question 10

Intent

Answer 10

Commit the act, get a specific result,

R V COLLISTER

Question 11

Property

Answer 11

Real and personal property, estate, or interest

Question 12

Service

Answer 12

Service is limited to financial or economic value, excl privilege or benefit

Question 13

Pecuniary advantage
(Cash, sale)

Answer 13

HAYES R V - something that enhances the accused financial position

Question 14

Valuable consideration
(stocks)

Answer 14

HAYES V R

Question 15

HAYES V R
(Attempts)

Answer 15

Unsuccessful use of a document is much as attempt as a successful one

Question 16

R V MISIC
(Document)

Answer 16

Thing which provides evidence or information or service as a record

Question 17

R V COLLISTER

Answer 17

Words, actions, before, during, after, nature of offence and circumstantial evidence

Question 18

HAYES V R
(Pecuniary advantage)

Answer 18

Something that enhances the accused financial position

Question 19

HAYES V R
(Valuable consideration)

Answer 19

Anything capable of being valuable consideration. Money or monies worth

Question 20

Dishonesty taking or obtaining a document (takes)
S228(1)(a)

Answer 20

• Dishonesty
• Without claim if right
• Takes or obtains
• Any document
• With intent, obtain any:
  Property, service, pecuniary advantage, or valuable consideration

Question 21

Takes

Answer 21

Physically removes the property

Question 22

Obtains

Answer 22

Means to obtain or retain for himself or any other person

Question 23

Deception

Answer 23

A false representation used with intent to deceive any person

R V MORLEY

Question 24

R V MORLEY
(S240(1)(a)

Answer 24

Intention to deceive requires purposeful intent at the time the deception is practiced

Question 25

Ownership

Answer 25

Goods come under control, don’t have to physically have them

Question 26

Possession

Answer 26

R V COX - Two elements, physical and mental. Custody and control, knowledge and intention

Question 27

Control

Answer 27

Power of directing or commanding. Do not need to possess

Question 28

Debt

Answer 28

Money owing from one person to another

Question 29

Liability

Answer 29

Legally enforceable financial obligation