Deception Flashcards
Credit
Fisher v raven
The credit refers to an obligation on the debtor to pay or repay and the time given for them to do so by the creditor, credit does not extend to an obligation to supply good or services.
Timing of intentions to deceive
R v McKay
On appeal it was held that the credit had been obtained on booking in but at the time the accused did not possesses an intent to deceive
Section 240(1)(a) ingredients
Obtained by deception
By any deception
Without claim of right obtains ownership or possession if or control over any property
Or
Any privilege or services or pecuniary a advantage or benefit or valuable consideration
240(1)(b) ingredients and penalty
7 years
By any deception
Without Claim of right
Win incurring any debt or liability
Obtains credit
Dishonestly Using document
Section and ingredients
228(b) With intent to obtain any property or services or pecuniary advantage or valuable consideration Dishonestly And Without claim of right Takes or obtains a document
Dishonestly Takes documents
228(b) With intent to obtain any property or services or pecuniary advantage or valuable considerations Dishonestly And without claim of right Uses or attempt to use any document
Pecuniary advantage
Hayes v r
Pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage
Valuable consideration
Hayes v r
A valuable consideration is anything capable of being valuable consideration, whether of a monetary kind or any other kind, in short , money or money’s worth
Dishonestly
Hayes v r
The question s whether the belief is actually held, Pinot whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held
Document
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
Uses or attempted to use
Hayes v r
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 ultimates obtaining of a pecuniary advantage, which is not a necessary ingredient 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 to use,
Intention to deceive
R v Morley
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.
Definition of obtain
In relation to any person , means obtain or retain for himself or herself or for any other person
Definition of dishonestly
In relation to an act or omission, means done or omitted without a belief that her was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority
Definition of taking
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved
