Deception Flashcards
Dishonestly Taking a Document
(Act & Section)
Section 228(1)(a), Crimes Act 1961
Dishonestly Taking a Document
228(1)(a)
(elements)
- Everyone
- With intent to obtain any property, service, pecuniary advantage, or valuable consideration
- Dishonestly
- Without claim of right
- Takes or obtains
- Any document
Dishonestly Using a Document
(Act & Section)
Section 228(1)(b), Crimes Act 1961
Dishonestly Using a Document
228(1)(b)
(Elements)
- Everyone
- With intent to obtain any property, service, pecuniary advantage, or valuable consideration
- Dishonestly
- Without claim of right
- Uses or attempts to use
- Any document
Dishonestly Taking or Using a Document
(Penalty)
7 years imprisonment
Obtain
(define)
obtain, in relation to any person, means to obtain or retain for himself or herself or for any other person.
Property
(define)
Property includes any real or personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.
Service
(define)
R v Cara
“Service is limited to financial or economic value and Excludes privileges or benifits”
Pecuniary Advantage
(Case Law)
Hayes v R
Hayes v R held
(pecuniary advantage)
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Valuable consideration
(define)
Hayes v R
“anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.”
Valuable consideration
(examples)
- monetary payment in return for goods or services
- goods given in return for services provided
- issuing a false invoice to receive payment for goods never supplied.
Dishonestly
(define)
Dishonestly, in relation to an act or ommission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Dishonestly
(case law)
Hayes v R
Hayes v R held
(dishonestly belief)
The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held.
claim of right
(define)
claim of right, in relation to any act, means a belief in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
Nature of belief in claim of right
(4 points)
First - must be a belief in a proprietary or possessory right in property.
Second - belief must be for the property in relation to the alleged offence
Third - the belief must be held at the time the alleged offence was committed.
Fourth - the belief must be actually held by the defendant. Does not need to be reasonable, and can be a mistake or ignorance. The reasonableness will influence the credibility of the belief.
Take
(define)
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Document
(define)
document means a document, or part of a document, in any form; and includes without limitation, -
(a), (b), (c), (d), (e)
Document (a)
(define)
any paper or other material used for writing or printing that is marked with matter capable of being read
Document (b)
(define)
(b) any Bhotograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative
Document (c)
(define)
(c) any disC, tape, wire, sound track, card, or other material or device in or on which information, sound or other data are recorded, stored (whether temporarily or permanently), or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced
Document (d)
(define)
(d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information
Document (e)
(define)
(e) any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information.