Deception Flashcards
Dishonestly Taking or Using a Document (take a document with the intent)
Section 228(1)(A) CA 1961
- dishonestly
- without claim of right
- takes or obtains
- any document
- with intent to obtain any
• property, or
• service, or
• pecuniary advantage or
• valuable consideration
Dishonestly Taking or Using a Document (Section 228(1)(B)) (they use the document)
Section 228(1)(B)
- dishonestly
- without claim of right
- uses or attempts to use
- any document
- with intent to obtain any
• property, or
• service, or
• pecuniary advantage, or
• valuable consideration
Obtaining by Deception or Causing Loss by Deception (obtaining a physical item or discount)
Section 240(1)(A) Crimes Act 1961
- by any deception
- without claim of right
- obtains
• ownership or
• possession of, or
• control over
- any
• property, or
• privilege, or
• service, or
• pecuniary advantage, or
• benefit, or
• valuable consideration
- directly or indirectly
Obtaining by Deception or Causing Loss by Deception (obtain something they should be repaying)
Section 240(1)(B)
- by any deception
- without claim of right
- in incurring any
• debt or
• liability,
- obtains credit
Obtaining by Deception or Causing Loss by Deception (they don’t obtain anything)
Section 240(1)(D)
- by any deception
- without claim of right
- cause loss to any other person
HAYES v R
“A valuable consideration is… money or money’s worth”
R v MISIC
“Essentially a document is a thing which provides evidence or information or serves as a record.”
R v MORLEY
“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.”
R v BARNARD
Example of conduct (wearing a uniform) with intent to deceive
Definition Claim of Right
“A belief at the time of the act in a proprietary and possessory right in the property”
HAYES v R
“The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage”
