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DDC > Deception > Flashcards

Deception Flashcards

1
Q

Name the section and act that covers Dishonestly Takes or Uses a document

A

Section 228(1) Crimes Act 1961

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2
Q

What are the elements for s228(1)(a) CA 1961

A

Dishonestly

Without claim of right

takes
OR
obtains

any document

with intent to obtain any
property
OR
service
OR
pecuniary advantage
OR
Valuable consideration

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3
Q

What are the elements for s228(1)(b) CA 1961

A

Dishonestly

Without claim of right

uses
OR
attempts to use

any document

with intent to obtain any
property
OR
service
OR
pecuniary advantage
OR
valuable consideration

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4
Q

What is the main difference between s228(1)(a) and s228(1)(b)

A

s228(1)(a) is just taking oppor obtaining and not using

s228(1)(b) is using or attempting to use

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5
Q

What is the section and elements for obtaining by deception

A

s240(1)(a) CA 1961

by any deception
without claim of right
obtains

ownership
OR
possession
OR
control over

any
property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration

directly
OR
indirectly

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6
Q

What are the elements and section for incurring by deception

A

Section 240(1)(b) CA 1961

by any deception

without claim of right

in incurring
any debt
OR
liability

obtains credit

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7
Q

What are the elements and section for Causing loss by deception

A

Section 240(1)(d) CA 1961

by any deception

without claim of right

causes loss to any other person

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8
Q

What does obtain mean

A

retain for himself or any other person

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9
Q

What does property mean

A

real and personal property

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10
Q

According to R v Cara, what is service

A

financial or economic value, excluding benefits or priveleges

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11
Q

According to Hayes v R, what is pecuniary advantage

A

anything that enhances the accused ‘s financial position - money or cash

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12
Q

According to Hayes v R, what is considerable valuation

A

anything capable of being valuable consideration, whether a monetary kind or any other kind - things that are worth money but not money

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13
Q

What is dishonestly

A

an act committed without a belief of expressed or implied consent from an entitled person

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14
Q

what is claim of right

A

an act committed without belief of a proprietary or possessory right

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15
Q

regarding claim of right, what are the four natures of belief required

A

belief of a proprietary or possessory right to the property

property in relations to the offence

belief held at the time of the offence

the belief may be based on ignorance or mistake

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16
Q

When is theft committed

A

when they move the property or cause it to be moved

17
Q

What does Hayes v R say regarding use of a document

A

an unsuccessful use is as much a use as a successful one.

18
Q

What is the case law regarding the definition of a document and explain it

A

R v Misic

a document is a thing which proves evidence, information or records

remember R v Music (misic) = Record

19
Q

What is deception

A

false representation with intent to deceive

omission to disclose

20
Q

What is required to be proved for deception

A

intent to deceive

representation by defendant

representation was false, defendant knew or was reckless

21
Q

What is a debt

A

money owed to another person

22
Q

what is a liability

A

legally enforceable financial obligation to pay

23
Q

What is loss

A

financial detriment to the victim, must be a direct loss not anticipated or future

24
Q

What is the case law relating to loss and explain it

A

R v Morley

loss was caused by deception, reasonably foreseeable, does not need to be intentional, no requirement of benefit to anyone

25
Q

What is title

A

a legal right to the property

26
Q

can a thief ever get title

A

no

27
Q

what is voidable title

A

a title obtained by deception, fraud, duress or misrepresentation

28
Q

what is necessary to void title

A

judicial determination through courts or tribunal

DDC (16 decks)

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