Deception

Question 1

Dishonestly Takes Document

Answer 1

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

Question 2

Dishonestly Use Document

Answer 2

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

Question 3

Hayes v R (Pecuniary Advantage)

Answer 3

Anything that enhances financial position. The enhancement that constitutes advantage.

Question 4

Hayes v R (Valuable Consideration)

Answer 4

Anything capable of being valuable consideration whether it monetary or value or not. Money for moneys worth.

Question 5

Hayes v R (Use or Attempts to Use)

Answer 5

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?

Question 6

Dishonestly

Answer 6

An act or omission of an act done without consent or authority.

Question 7

Claim of Right

Answer 7

Belief at the time in a possessory or propriety right to property, even if belief is based on ignorance or mistake.

Question 8

R v Misic

Answer 8

A document is a thing which provides evidence, information or serves as a record.

Question 9

R v Morely (Loss)

Answer 9

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.

Question 10

Title

Answer 10

Legal ownership of something and gives you claim of right (steal something
= no title)

Question 11

R v Misic (Document)

Answer 11

A document is a thing which provides evidence or information or serves as a record.

Question 12

Property

Answer 12

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.

Question 13

Claim of Right

Answer 13

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.

Question 14

Takes

Answer 14

Is committed when the offender moves the property or causes it to be moved.

Question 15

Three examples of false representation

Answer 15

Orally
Conduct
Documentary

Question 16

R v Cara (Service)

Answer 16

Service is limited to financial or economic value.

Question 17

Pecuniary Advantage

Answer 17

Anything that enhances the accused’s financial position.

Question 18

Valuable Consideration

Answer 18

Anything capable of being valuable, whether of a monetary kind or of any other kind.

Question 19

R v Morely (Deceive)

Answer 19

An intention to deceive requires that the deception is practiced in order to deceive the affected party. Purposeful intent is necessary.

Question 20

What must the prosecution prove in relation to guilty knowledge?

Answer 20

The prosecution must prove that the defendant knew the representation was false material or was reckless to its falsity.

Question 21

Obtain

Answer 21

As per S217 of CA 1961 obtain means obtain or retain for himself or herself or for any other person,

Question 22

Difference between theft and obtaining by deception?

Answer 22

Hinges on concept of possession and ownership.

Question 23

Four Elements for claim of right

Answer 23

1. Holding belief in proprietary or possessory right in the property.
2. The belief must be in relation to said property.
3. The belief must be held at the time.
   4 . The belief must actually be held.

Question 24

Knowledge

Answer 24

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”

Question 25

What must be proved in deception

Answer 25

1. Intent to decieve
2. Representation by the defendant.
3. 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.

Question 26

S240(1)(a) Obtains by Deception

Answer 26

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.