Deception

Question 1

What are the four elements of handling stolen goods

Answer 1

1 - The accused handled the goods. 2- The goods were stolen at the time that the accused handled them
3- the accused new Or believed at the time that they handled the goods that they were stolen
4 - and the accused Handling of the goods was dishonest

Question 2

Handing stolen goods is heard in which court

Answer 2

The offence is iots when i’m at a hundred thousand dollars

Question 3

What are the twenty four different ways which a person can handle goods

Answer 3

Is by receiving the goods (1)
by bringing the goods into victoria (2) or undertaking (3) Or assisting in (4) bringing them into victoria
by undertaking the retention (5) removal (6) disposal (7) or realisation (8) of the goods for the benefit of another person
by assisting in the retention (9) removal (10) dispose (11) or realisation (12) of the goods By another person
or by arranging to do any of the twelve matters listed above

Question 4

What does prosecution need to prove that the person had goods in their possession

Answer 4

That the person had custody o exercise control over the goods
The fact that the third party has actual position of the goods does not example. The accused has sufficient control over the third party such that the goods are available to him or her. Upon request he will still have received them

Question 5

What is the difference between undertaking and assisting

Answer 5

When a person undertakes one of the prohibited activities , they do it themselves when a person assists one of the prohibited They hope another person to perform their activity

Question 6

What are the 3 things a person must do Who is retaining goods to be charged with handle stalling goods

Answer 6

1- Retain the goods for the benefit of another person.
2- Assist another person to retain the goods
3- or arrange to do One of the above activities

Question 7

What are the two facts that a jury can decide according to the doctrine of recent position

Answer 7

If a person cannot reasonably provide an explanation for how they have the Stolen goods the jury may Info That they either stole the property or received the property knowing it was stolen

Question 8

But for the doctrine of recent possession can be established what are the three requirements

Answer 8

1 - That the accused was in possession of the property
2 - that the property was recently stolen and
3 - that it was no Reasonable explanation for the accused possession of the property

Question 9

What is the five points of proof for obtain financial advantage

Answer 9

1 - Identity
2 - dishonesty
3 - obtained
4 -financial advantage
5 - by deception

Question 10

What are the six points of proof for obtained property by deception

Answer 10

1 - Identity
2 - by deception
3 - dishonestly
4 - obtained property
5 - belonging to another
6 - intent To permanently deprive

Question 11

Obtain financial advantage and obtain property by deception are heard at what court

Answer 11

Both at the magistrates court if under a hundred thousand dollars

Question 12

How does obtaining property by deception defer from theft

Answer 12

The used obtains property by deception if they Ownership position or control this differs from theft where the accused must have appropriated the property By adversely assuming any of the owner’s rights

Question 13

What are seven elements the prosecution must prove to meet the conduct of deception

Answer 13

1 - The accused made a representation by words or conduct 2 - the representation was About existing or past facts of law,
3- the representation was false.
4- The accused knew the representation was false or reckless to whether it was true or false.
5 - The accused intended to obtain the property by making the representation.
6 - The false representation was believed by the victim , who was thereby deceived ,
7- and the accused obtained the property as a result of the deception

Question 14

What constitutes deception of computer machines

Answer 14

Deception is to find to include axe or emissions done with the intent of causing a computer system I’m ashamed that is designed to operate by means of payment or identification to make a response which the accused The accused is not authorized to cause the computer to or machine to make.
For example , users and other persons card to withdraw money from an atm without their authority

Question 15

Give an example of financial advantage by deception in terms of evading debts

Answer 15

Financial advantage will be obtained if the creditors Is given a check which the data knows to be worthless in pretending payment of the debt. In such circumstances the debtor gains the advantage of having the debt deferred

Question 16

The offensive making or using a false document encompasses four different aspects

Answer 16

Making a false document using a false document making a copy of a false document and using Using a copy of a false document

Question 17

Making or using a false document has five elements what are they

Answer 17

1 - The creation Or use of the document
2 - the false nature of the document
3 - the accused knowledge of the falsity
4 - The accused intention that someone be introduced to accept the documents as genuine and
5 - He accused intention that the acceptance of the document as genuine will result in prejudice to a person

Question 18

Prosecution must prove that the document the accused made or used was false. What other 8 exhaustively defined ways? Which a document can be false under section 83A(6)

Answer 18

1 - To have been made in the form in which it is made by a person who did not. In fact, make it in that form or
2 - to have been made in the form in which it is made on the authority of a person who did not. In fact, authorise its making in that form or
3 - to have been made in the terms in which it is made by a person who did not. In fact, make it in those terms or
4 - to have been made in the terms in which it is made on the authority of a person who did not. In fact, authorise its making in those terms or
5- to have been altered in any respect by a person who did not. In fact, alter it in that respect. Or.
6 - Or to have been opening any respect on the authority of a person who did not. In fact , authorize the alteration in that respect or
7 - to have been made or altered on a date in which or out of place at which or otherwise in circumstances in which it was not in fact , made or altered or
8 - to have been made or altered by an existing person who did not in fact exist

Question 19

Blackmail has five elements

Answer 19

The accused made a demand
2 - The demand was made with a view to gain for the accused or another Or with the intent to cause loss to another.
3 - The demand was made with menace.
4 - The accused intended the recipient of the demand to fear that the threat would be carried out unless the recipient complied with the demand
5 - the demand was unwarranted

Question 20

For blackmail, the point that the accused has made a view to gain for themselves or another. What is not included in gain

Answer 20

gain and loss are only Related to gain money or property This means demands for Custody of a child , sexual intercourse or withholding of evidence therefore do not satisfy the second element

Question 21

What is the definition of menace

Answer 21

The menace must have been of such a nature that the extent that they might have influenced the mind of an Ordinary person of normal stability and coverage