DECEPTION

Question 1

DISHONESTLY TAKING OR USING A DOCUMENT
Section 228 (1) (a)

Answer 1

Section 228 (1) (a)

• Dishonesty
• Without claim of right
  (Person has acted under belief that they have proprietary or possessory right to the property)
• Takes OR obtains
  (Takes - offender moves the property)
  (Obtains - or retain for themselves or another)
• Any document
  (Anything that can hold information)
• With intent to obtain any
  Property OR
  Service OR
  Pecuniary advantage OR
  Valuable consideration

(Intent - deliberate act to get specific result)

Question 2

DISHONESTLY TAKING OR UDING A DOCUMENT
Section 228 (1) (b)

Answer 2

• Dishonestly
• Without claim of right
• Uses OR attempts to use
  (Intent based)
  ( HAYES V R - an unsuccessful use of a document is as much use as a successful one)
• Any document
  (Anything that can hold information)
• With intent to obtain any
  Property OR
  Service OR
  Pecuniary advantage OR
  Valuable consideration

Question 3

HAYES V R

Answer 3

Valuable consideration - Anything capable of being valuable consideration

Pecuniary advantage - anything that enhances the accused’s financial position

USES OR ATTEMPTS TO USE
An unsuccessful use is as much a use as a successful one

PECUNIARY ADVANTAGE
Anything that enhances the accused’s financial position

Question 4

WITHOUT CLAIM OF RIGHT

Answer 4

Claim of right is where a person has acted under belief that they have proprietary or possessory right to the property

Nature of belief:
Exist at the time of the act
Relate to the property involved in offence
Be genuine belief
Can be based on ignorance or mistake

Question 5

DOCUMENT DEFINITION

Answer 5

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

EVIDENCE - INFORMATION - RECORD
R V MISIC

Question 6

WHAT IS DECEPTION

Answer 6

• A representation that is false (oral, documentary, or by conduct)
• an intent to deceive any other person and knowledge that the representation is false in a material particular or
• is reckless as to whether it is false in a material particular
• that the other person was deceived

Question 7

CAUSE LOSS BY DECEPTION 240(1) (d)

Answer 7

R V MORLEY - must prove
Direct loss caused by deception
Reasonably foreseeable that more than some trivial loss would occur

Do not need to to prove intent to cause loss or that they made any financial or intangible gain