Deception Flashcards
Dishonestly taking or using a document - Section 228
Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—
(a) Dishonestly and without claim of right, takes or obtains any document; or
(b) Dishonestly and without claim of right, uses or attempts to use any document
Obtain / cause loss by deception - Section 240 Crimes Act 1961
(1) Everyone is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,—
(a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly
(b) in incurring any debt or liability, obtains credit; or
(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or
(d) causes loss to any other person
Define deception - Section 240 (2) Crimes Act 1961
(2) In this section deception means -
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and—
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.
Define a document - Section 217 Crimes Act 1961
Includes part of a document in any form and includes:
- paper/material containing anything that can be read
- photos, negatives and related items
- Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced
Define dishonestly - Section 217 Crimes Act 1961
Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Define takes - Section 219 Crimes Act 1961
For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved
Define false representation
Under current law, the representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless as to whether it is false. Absolute certainty is not required and wilful blindness as to the falsity of the statement will suffice.
Define Obtains - Section 217 Crimes Act 1961
Obtain in relation to any person means to obtain or retain for himself or herself or any other person
Define Property - Section 2 Crimes Act 1961
Property includes any real or personal property, any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action and any other right or interest.
Define material particular
Material particular is not defined by the Crimes Act and can be given its usual meaning of an important, essential or relevant detail or item.
What was held in HAYES v R - in relation to pecuniary advantage
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
What was held in HAYES v R in relation to valuable consideration
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind. In short money or moneys worth.”
What was held in R v MORLEY regards intent
An intention to deceive requires that the deception is practiced in order to deceive the affected party.
Purposeful intent is necessary and must exist at the time of the deception
What was held in FISHER v RAVEN in regards to credit
Credit’ refers to the 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 services or goods:
What was held in R v MCKAY
On appeal it was held that the credit had been obtained on booking in but at that time the accused did not possess an intent to deceive.
