Deception Flashcards
Dishonestly Takes Document
S228(1)(A) CA 1961
Dishonestly
Without claim of right.
Takes OR obtains
Any document
With intent to obtain any
Property OR Service OR Pecunairy Advantage OR Valuable Consideration
Dishonestly Use Document
S228(1)(B) CA 1961
Dishonestly
Without claim of right
Uses OR attempts to use
Any document
With intent to obtain any
Property OR service OR Pecunairy Advantage OR Valuable consideration
Hayes v R (Pecuniary Advantage)
Anything that enhances financial position. The enhancement that constitutes advantage.
Hayes v R (Valuable Consideration)
Anything capable of being valuable consideration whether it monetary or value or not. Money for moneys worth.
Hayes v R (Use or Attempts to Use)
An unsuccessful use of a document is as much as a successful one. Whether you have the intended outcome or not, you still “USED” the card. Relates to use not ultimate obtaining. Just have to consider was it sufficiently proximate?
Dishonestly
An act or omission of an act done without consent or authority.
Claim of Right
Belief at the time in a possessory or propriety right to property, even if belief is based on ignorance or mistake.
R v Misic
A document is a thing which provides evidence, information or serves as a record.
R v Morely (Loss)
Loss by victim must have been induced upon deception. It must be a direct loss. Indirect loss such as loss of anticipated future profits does not count. Loss must be more than trivial.
Title
Legal ownership of something and gives you claim of right (steal something
= no title)
R v Misic (Document)
A document is a thing which provides evidence or information or serves as a record.
Property
As per S2 CA 1961Includes any real and personal property, any real estate, property, money and electricity and anything in action and any other right or interest.
Claim of Right
A belief at the time of the at in a possessory or proprietary belief in relation to which the offence is alleged to have been committed.
Takes
Is committed when the offender moves the property or causes it to be moved.
Three examples of false representation
Orally
Conduct
Documentary
R v Cara (Service)
Service is limited to financial or economic value.
Pecuniary Advantage
Anything that enhances the accused’s financial position.
Valuable Consideration
Anything capable of being valuable, whether of a monetary kind or of any other kind.
R v Morely (Deceive)
An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary.
What must the prosecution prove in relation to guilty knowledge?
The prosecution must prove that the defendant knew the representation was false material or was reckless to its falsity.
Obtain
As per S217 of CA 1961 obtain means obtain or retain for himself or herself or for any other person,
Difference between theft and obtaining by deception?
Hinges on concept of possession and ownership.
Four Elements for claim of right
- Holding belief in proprietary or possessory right in the property.
- The belief must be in relation to said property.
- The belief must be held at the time.
4 . The belief must actually be held.
Knowledge
The prosecution must prove the defendant knew that the representation was false in a material or was reckless as to its falsity.
Simester and Brookbanks - Knowing means “knowing or correctly believing”
What must be proved in deception
- Intent to decieve
- Representation by the defendant.
- That the representation was false and that the defendant either:
Knew it to be false in a material particular OR was reckless whether it was false in a material particular.
S240(1)(a) Obtains by Deception
By any deception
Without claim of right
Obtains
Ownership OR Possession of OR Control over
Any Property OR privilege’s OR service OR pecuniary advantage OR benefit OR valuable consideration
Directly or indirectly.
