Deception Flashcards
(31 cards)
In what section would you find the offences for dishonestly taking or using a document ?
228(1) of the Crimes Act 1961
(a) takes/obtains
(b) uses/attempts to use
Elements of 228(1)(a)?
- dishonestly
- without claim of right
- takes/obtains
- any document
- with intent to obtain any (prop/service/pecad/valcon)
Elements of 228(1)(b)
- dishonestly
- without claim of right
- uses/attempts to use
- any document
- with intent to obtain any (prop/service/pecad/valcon)
What is s240(1)(a) and (b) ?
240(1)(A) Obtains by deception
240(1)(B) Obtains (credit) by deception
What is 240(1)(d)?
Cause loss by deception
Define deception?
Representation that is false (oral, documentation or by conduct)
+ an intent to deceive any other person R v Morely
+ knowledge the representation is false (either knew it was false or was reckless)
What does R v Morely say regarding cause loss by deception?
Prosecution must prove:
- a direct loss was caused by the deception
- it was reasonably foreseeable that more than some trivial loss would occur
- prosecution doesn’t need to prove intent to cause loss
Discuss knowledge using Simester and Brookbanks?
According to simester and brookbanks, knowledge means “knowing is correctly believing”
You can believe something wrongly but cannot know something false.
Knowledge can be established by
- an admission
- implication from circumstantial evidence
- propensity evidence
What’s the difference between theft and obtaining by deception?
In theft, property is obtained without the owners permission, and therefore they only get possession, and never “title or ownership”
In obtains by deception, the owner has freely given the offender possession/and or ownership
Define debt
Money owning from one person to anothrr
Define “without claim of right”
No belief in a proprietary or possessory right
Belief (3)
- belief that it exists at the time of act
- relates to property involved in offence
- a genuine belief (but can be based on ignorance)
Define “dishonestly”
Without express or implied consent or authority from entitled consent
Define “takes”
Complete when offender moves property or causes it to be moved
Define obtains
Obtain or retain for themselves or another
Discuss the definition of “Document”
R v Misic defines a document as essentially a thing which provides evidence or information or serves as a record
Define uses
Could be single action or a continuing use over a period of time
Attempts to use… what is the relevant caselaw?
Hayes v R states 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 etc
Define property
Includes any real or personal property, may be tangible or intangible…
Define service (what case law relates)?
R v Cara- an ACTIVITY having an element of FINANCIAL or ECONOMIC value
Define pecuniary advantage?
Anything that enhances the accused’s financial position. The enhancement constitutes the element of advantage. (hayes v R)
Define valuable consideration?
Money or money’s worth (Hayes v R)
Define privilege
Special right or advantage
Define liability
Legally enforceable financial obligation to pay
Define credit
Obligation on the debtor to pay or repay
