Deception

Question 1

228(1)(a)

Answer 1

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

Question 2

228(1)(b)

Answer 2

DISHONESTLY USES A DOCUMENT

Dishonestly
Without Claim of Right
Uses or Attempts to Use
Any Document
With Intent to obtain any

Property
Service
Pecuniary Advantage
Valuable Consideration

Question 3

Dishonestly Def

Answer 3

Without expressed or implied consent or authority from entitled person

Question 4

Obtain

Answer 4

Obtain or Retain for themselves or another

Question 5

Any Document

Answer 5

Defined under 217 Crimes Act

Question 6

Document CL

Answer 6

R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record

Question 7

Service CL

Answer 7

R v CARA

Limited to activity having an element of financial or economic value

Question 8

Pecuniary advantage

Answer 8

Anything that enhances thee accused’s financial position

Question 9

Use or attempts to use CL

Answer 9

Hayes v R

An unsuccessful use is as much a use as a successful one. The concept of attempt relates to use, not to the ultimate obtaining of a pecuniary advantage

Question 10

240(1)(a)

Answer 10

OBTAIN BY DECEPTION

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

Question 11

Section 240(1)(b)

Answer 11

Obtaining by deception

By any deception
Without claim of right
In incurring any Debt or Liability
Obtains credit

Question 12

Section 240(1)(d)

Answer 12

CAUSES LOSS BY DECEPTION

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

Question 13

Pecuniary Advantage CL

Answer 13

Hayes v R

A pecuniary advantage is anything that enhances the accused’s financial position. Is that enhancement which constitutes the element of advantage

Question 14

Title

Answer 14

A legal right to the property

Question 15

Guilty Knowledge

Answer 15

They know that the representation was false or were reckless to it’s falsity

Question 16

Voidable Title

Answer 16

A title obtained by deception, fraud, duress or misrepresentation

Question 17

Debt

Answer 17

Money owing from one person to another

Question 18

Liability

Answer 18

A legally enforceable financial obligation to pay

(e.g. cost of meal)

Question 19

Credit

Answer 19

Obligation on debtor to pay or repay and the time given for them to do so by the creditor

Question 20

Deception elements

Answer 20

There was an intent to deceive
There was a representation by the defendant
The representation was false and that the defendant either
-knew it was false
- was reckless
The victim was deceived