Deception Flashcards
What is the section, act, and penalty for Takes OR Obtains a Document?
List the ingredients?
Section 228(1)(a) Crimes Act 1961 7 years imprisoment
With intent to obtain any property, service, pecuniary advantage, or valuable consideration;
Dishonestly
And without claim of right
Takes OR Obtains any document.
What is the section, act and penalty for Uses/Attempts to use a Document?
List the ingredients
Section 228(1)(b)Crimes Act 1961 7years imprisoment
With intent to obtain any property, service, pecuniary advantage, or valuable consideration;
Dishonestly
And without claim of right
Uses OR attempts to use any document.
What are the ingredients for Obtaining by Deception s. 240(1)(a)
By any deception
Without claim of right
Obtains possession of or control over any property or any privilege, service, pecuniary advantage, or benefit, or valuable
What is the penalty for Obtaining by Deception s. 240(1)(a)
7yrs/1yr/3months
What are the ingredients for Obtaining by Deception s. 240(1)(b)
By any deception
And without claim of right
In incurring any debt OR liability
Obtains credit
What penalty for Obtaining by Deception s. 240(1)(b)
7 years
What are the ingredients for Obtaining by deception s. 240(1)(d)
By any deception
And without claim of right
Causes loss to any person
What is the penalty for Obtaining by Deception 240(1)(d)?
7yrs/1yr/3mths
Define “Dishonestly”
Means done or omitted without a belief that there was express or implied consent to
Or authority for the act or omission from a person entitled to give such consent or authority
S.217, CA 61
Define “Takes”
Name section and act
For tangible property
Theft is committed by a taking
When the offender moves the property or causes it to be moved
Define “Obtains”
Name the section and act?
To obtain or retain for themselves or another person
S.217, CA 61
Define “Document”
Name section and act
Paper/material containing anything that can be read
Photos, negatives and related items
Disc, tapes, cards or other devices/equipment on which information is stored and can be reproduced
S.217, CA 61
Define “Pecuniary advantage”
Economic or monetary advantage
R v Misic
A document is a thing which provides evidence or information or serves as a record
Define “Uses or attempts to use”
Prosecution must prove the offender used or attempted to use the document
With the intent to obtain the property, service, pecuniary advantage or valuable consideration
