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DDP - Deception > Deception > Flashcards

Deception Flashcards

1
Q

What is the title of section 228(1)(a)?

A

Dishonestly takes or obtains a document

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2
Q

What is the title of section 228(1)(b)?

A

Dishonestly uses or attempts to use a document

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3
Q

What are the elements of section 228(1)(a) of the Crimes Act 1961?

A
  • with intent to obtain
  • any property, service, pecuniary advantage, or valuable consideration
  • dishonestly
  • without claim of right
  • takes or obtains
  • any document
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4
Q

What are the elements of section 228(1)(b) of the Crimes Act 1961?

A
  • with intent to obtain
  • any property, service, pecuniary advantage, or valuable consideration
  • dishonestly
  • without claim of right
  • uses or attempts to use
  • any document
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5
Q

What is the definition of Obtain under section 217 of the Crimes Act 1961?

A

Obtain, in relation to any person, means to retain for himself or herself or for any other person

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6
Q

What is the definition of Property under section 2 of the Crimes Act 1961?

A

Property includes:
- any real and personal property and
- any estate or interest in any real and personal property or
- money, electricity and any debt and
- anything in action and
- any other right or interest

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7
Q

What is said in R v Cara about services?

A
  • Service is limited to financial or economic value and
  • excludes privileges or benefits
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8
Q

What was held in Hayes v R in relation to pecuniary advantage?

A
  • a pecuniary advantage is
  • anything that enhances the accuseds financial position.
  • It is that enhancement which constitutes the element of advantage
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9
Q

What was held in Hayes v R in relation to valuable consideration?

A
  • anything capable of being valuable consideration
  • whether of a monetary kind or of any other kind
  • in short money or moneys worth
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10
Q

What is the definition of dishonestly under section 217 of the Crimes Act 1961?

A
  • Dishonestly in relation to an act or omission
  • means done or omitted
  • without a belief there was expressed or implied consent to, or authority for, the act or omission
  • from a person entitled to give such consent or authority.
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11
Q

What was held in Hayes v R about belief?

A
  • The question is whether the belief is actually held, not whether the belief is reasonable.
  • However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held
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12
Q

What is the definition of claim of right under section 2 of the Crimes Act 1961?

A
  • Claim of Right in relation to any act
  • means a belief at the time of the act 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 any matter of law
  • other than the enactment against which the offence is alleged to be committed
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13
Q

What are the four beliefs relating to Claim of Right?

A
  • a belief in a proprietary or possessory right in property
  • the belief must be about rights to the property in relation to which the offence is alleged to have been committed
  • the belief must be held at the time of the conduct alleged to constitute the offence
  • the belief must actually be held by the defendant
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14
Q

When is taking complete?

A

When the offender moves the property or causes it to be moved

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15
Q

What does R v Misic say about documents?

A

“essentially a document is a thing which provides evidence or information or serves as a record”

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16
Q

What are the two intents related to ‘intent to obtain’?

A
  • the defendant must intend to obtain and
  • he or she must intent to obtain by the deception
17
Q

What is held in Hayes v R about ‘uses’ and ‘attempts to use’?

A
  • An unsuccessful use of a document is as much use as a successful one.
  • An unsuccessful use must not be equated conceptually with an attempted one.
  • The concept of attempt relates to use, not to the ultimate obtaining of a pecuniary advantage
  • which is not a necessary element of the offence.
  • because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.
18
Q

In relation to a document what are the six pneumonic words? PPSSD

A

Paper, Photos, Storage, Supplied, Derived

19
Q

In relation to what is included in a document what is PAPER?

A
  • Any paper or other material
  • used for writing or printing
  • that is marked with matter capable of being read.
20
Q

In relation to what is included in a document what is PHOTOS? PNPSFMN

A

any photograph or any photographic negative, plate, slide, film or microfilm, or any photostatic negative

21
Q

In relation to what is included in a document what is STORAGE?

A
  • any disc, tape, wire sound track, card or other material or device
  • in or on which information, sounds, or other data are recorded, store (whether temporarily or permanently) or
  • embodied so as to be capable with or without the aid of some other equipment of being reproduced.
22
Q

In relation to what is included in a document what is SUPPLIED?

A
  • 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
23
Q

In relation to what is included in a document DERIVED?

A
  • 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
24
Q

What is the penalty for section 228(1)(a) and 228(1)(b) of the Crimes Act 1961?

A

7 years imprisonment

25
Q

What is the title of section 240 of the Crimes Act 1961?

A

Obtaining by deception or causing loss by deception

26
Q

Under section 240(2)(a) of the Crimes Act 1961 what does Deception mean?

A
  • Deception means
  • a false representation, whether oral or documentary, or by conduct
  • where the person making the representation intends to decieve any other person and
    – knows that it is false in a material particular
    – is reckless as to whether it is false in a material particular
27
Q

Under section 240(2)(b) of the Crimes Act 1961 what does Deception mean?

A

An omission to disclose a material particular, with intent to deceive any person, in circumstances where is a duty to disclose

28
Q

Under section 240(2)(c) of the Crimes Act 1961 what does Deception mean?

A

A fraudulent device, trick or stratagem used with intent to deceive any person.

29
Q

Put simply what are the three types of Deception

A
  • a false representation
  • omission to disclose
  • fraudulent device, trick or stratagem
30
Q

What is the definition of representation?

A

It is not defined but simester and brookbanks suggests that “it must be capable of being false so it must contain a proposition of fact”

31
Q

What is required to be proved for a false representation?

A

You must prove:
- That there was a false representation
- that there was a representation by the defendant
- that the representation was false; and that the defendant either:
– Knew it to be false OR
– was reckless whether it was false in a material particular

32
Q

What was said in R v Morley about ‘intention to deceive’?

A

An intention to deceive requires that the deception is practised in order to deceive the affected party
- Purposeful intent is necessary and must exist at the time of the deception

33
Q

What is said in Cameron v R about recklessness?

A

Recklessness is established if:
- the defendant recognised that there was a real possibility that:
– his or her actions would bring about the proscribed results and/or
– the proscribed circumstances existed; and
- having regard to that risk those actions were unreasonable

34
Q

What is an example of an oral representation?

A

Verbally claiming to own goods that are in fact subject to a hire purchase agreement

35
Q

What is an example of a representation by conduct?

A

Representing oneself to be a collector for charity by appearing to be carrying an official bag

36
Q

What is an example of a documentary representation?

A

Presenting a false certificate of qualification or completing a valueless cheque on account in which there are no funds knowing the cheque will not be honored

37
Q

What was held in R v Morley about representations?

A

Representations must relate to a statement of existing fact, rather than a statement of future intention.

38
Q

In R v Waterfall what is said about silence or non-disclosure?

A

As a general rule silence or non-disclosure will not be regarded as a representation but there are exceptions

39
Q
A

DDP - Deception (1 decks)

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