Deception Flashcards
Dishonestly Taking a Document
- Dishonestly
- Without claim of right
- Takes OR Obtains
- Any document
- With intent to obtain any:
-Property
-Service
-Pecuniary Advantage
-Valuable Consideration
S228(1)(a) Crimes Act 1961
Dishonestly Uses Document
- Dishonestly
- Without Claim of Right
- Uses or Attempts To Use
- Any Document
- With intent to obtain any
-property
-service
-pecuniary advantage
-Valuable Consideration
S228(1)(b) Crimes Act 1961
Obtaining by Deception
- By any Deception
- Without claim of right
- Obtains Ownership OR Possession of OR Control over
- Any
-Property
-privilige
-Service
-Pecuniary advantage
-Benefit
-Valuable Consideration - Directly or indirectly
S240(1)(a) Crimes Act 1961
Obtains by Deception (Debt)
- By any deception
- Without claim of right
- In incurring any debt OR liability
- Obtains Credit
Causing Loss by Deception
- By any deception
- Without Claim of right
- Causes loss to any other person
Definition of ‘Obtain’
Obtain or retain for himself or any other person - S217 CA1961
Definition of ‘Property’
Real and personal property - S2 CA1961
Definition of ‘Service’
Service is limited to financial or economic value, and excludes privileges or benefits. - R v Cara
Definition of ‘Pecuniary Advantage’
Anything that enhances the accused’s financial position - Hayes v R
Definition of ‘Valuable Consideration’
Anything capable of being valuable consideration, whether or not of a monetary kind.
Hayes v R
An unsuccessful use of a document is as much use as a successful one.
R v Misic
A document is a thing which provides evidence or information or serves as a record.
Definition of ‘deception’
A false representation or an omission intended to deceive another person
R V Morley (deception)
An intention to deceive requires that the deception is practised to deceive the affected party.
Define ‘debt’ and define ‘liability’
Debt means money owing from one person to another
Liability means a legally enforceable financial obligation to pay.
