Deception

Question 1

Dishonestly takes liability

Answer 1

Section 228(1)(A)

Dishonestly
Without claim of right
Takes or obtain
Any document
With intent to obtain any
Property or service or pecuniary advantage of valuable consideration

Question 2

Dishonestly uses liability

Answer 2

Section 228(1)(B)

Dishonestly
Without claim of right
Uses or Attempts to Use
Any document
With intent to obtain any
Property or service or pecuniary advantage of valuable consideration

Question 3

Definition of obtain

Answer 3

To obtain or retain. Obtaining can occur with legitimate consent or dishonesty. To obtain position or control does not require physically holding item.

Question 4

Definition of service

Answer 4

Activity with element of financial or economic value. RV Cara.

Question 5

Pecuniary advantage

Answer 5

Hayes V R. Anything that enhance his financial position. The enhancement that constitutes advantage.

Question 6

Definition of service

Answer 6

Activity with element of financial economic value. R V Cara.

Question 7

Valuable consideration

Answer 7

Hayes VR. Anything capable of being valuable consideration whether monetary or value or not. Money for money worth.

Question 8

Use or attempts to use

Answer 8

Hayes V R : an unsuccessful use of a document is as much as a successful use. Whether you have intended outcome or not you still have used the card. Consider whether it was sufficiently proximate.

Question 9

Definition of dishonestly

Answer 9

An act or a mission of an act done without consent/authority by a person who is not entitled to give consent

Question 10

Definition of claim of right

Answer 10

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

Question 11

Definition of document

Answer 11

R V Misic a thing which provides evidence information or served as a record

Question 12

Definition of deception

Answer 12

A false representation that is intended to deceive another person. Can be through a fraudulent device trick or stratagm.

R v Morley purposeful intent of deception is necessary and must exist at time of deception

Question 13

Definition of loss

Answer 13

Financial detriment.

Morley V R lost 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 14

Definition of continuing effect

Answer 14

Representational words or actions that may have a continuing act

Question 15

Definition of fraudulent

Answer 15

Device : plan scheme or trick
Trick : action scheme undertaken to fall out wit or deceive.
Stratagem: a plain or skin used for deceiving i.e. pyramid scheme

Question 16

Definition of privilege/benefit

Answer 16

Special rights or advantage does not necessarily need to cause financial loss to victim

Question 17

Definition of debt

Answer 17

Money owing if contract void or illegal than no offence

Question 18

Definition of liability

Answer 18

Financial obligation to pay i.e. cost of meal

Question 19

Definition of credit

Answer 19

Obligation to pay or repay debtor and given a timeframe to do so. Credit gained is considered a monetary obligation cannot extend to service goods. Gaining credit is not unlawful unless person obtained it with intent to deceive.

Question 20

Definition of title

Answer 20

Legal ownership of something and gives you claim of right. For example, if you steal something you have no title.

Question 21

Section 240(1)(A)

Answer 21

By any deception
Without claim of rights,
Obtain ownership or possession or control over
Any service or property or privilege of pecuniary advantage or benefit or valuable consideration directly or indirectly

Question 22

Definition of property

Answer 22

Real or personal property

Question 23

Section 240 (1)(B)

Answer 23

By any deception
Without claim of right
An occurring in debt or liability
Obtains credit

Question 24

Section 240(1)(d)

Answer 24

By any deception
Without claim of right,
Causes loss to any person