Deception Flashcards
Name the Act, Section, Penalty and Ingredients of Takes or Obtains a Document.
Takes or Obtains a Document CA1961 S228(a)
Penalty: 7 Years.
With intent to obtain any property, service, pecuniary advantage or valuable consideration / dishonestly / and without claim of right / takes or obtains any document.
Name the Act, Section, Penalty and Ingredients of Uses/Attempts to Use a Document.
Uses/Attempts to Use a Document CA1961 S228(b)
Penalty: 7 Years.
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.
Name the Act, Section, Penalty and Ingredients of Obtaining by Deception (obtains possession).
Obtaining by Deception CA1961 S240(1)(a)
Penalty: 3 months (under $500) / 1 year ($500-$1000) / 7 years (over $1000)
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 consideration.
Name the Act, Section, Penalty and Ingredients of Obtaining by Deception (incurring debt).
Obtaining by Deception CA1961 S240(1)(b)
Penalty: 7 years
By any deception / and without claim of right / incurring any debt OR liability / obtains credit
Name the Act, Section, Penalty and Ingredients of Obtaining by Deception (causing loss).
Obtaining by Deception CA1961 S240(1)(d)
Penalty: 3 months (under $500) / 1 year ($500-$1000) / 7 years (over $1000)
By any deception / and without claim of right / causes loss to any person
What is the required factor with regard to a deception offender’s ‘intent to obtain’?
They must intend to obtain BY the deception.
What is the definition of ‘obtain’, and where is it found?
S217 CA1961 - Obtain, in relation to any person, means to obtain or retain for himself or herself or for any other person.
What is the definition of ‘property’, and where is it found?
S2 CA1961 - Property includes real and personal property, and 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.
What does R v Cara state regarding the definition of ‘service’?
Service is limited to financial or economic value, and excludes privileges or benefits.
What does Hayes v R state regarding pecuniary advantage?
Primary teacher that claimed ACC payments for 8 years
A pecuniary advantage is ‘anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.’
What does Hayes v R state regarding valuable consideration?
Primary teacher that claimed ACC payments for 8 years
A valuable consideration is ‘anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short, money or money’s worth’.
What are three examples of valuable consideration?
- Monetary payment for goods or services
- Goods given in return for services provided
- Issuing a false invoice to receive payment for goods never supplied
What is the definition of ‘dishonestly’, and where is it found?
S217, CA1961 - 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.
What is the definition of ‘claim of right’, and where is it found?
S2 CA1961
Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offender is alleged to have been committed.
What is the definition of ‘taking’, and where is it found?
Not defined as such, but can be read in conjunction with theft:
S219(4) CA1961
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
What is the short definition of a document, and where is it found in legislation?
S217 CA1961
Includes part of a document in any form, and includes:
1. Paper/material containing anything that can be read, OR
2. Photos, negatives and related items, OR
3. Discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced.
What does R v Misic state regarding the definition of a document?
Essentially a document is a thing which provides evidence or information or serves as a record.
What is the CA1961 definition of attempts, and where is it found?
S72 CA 1961
(1) Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
What is the CA1961 definition of deception, and where is it found?
S240(2) CA1961
(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.
What is false representation?
The representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.
What are the three points that are required to be proved with regard to deception?
- That there was an intent to deceive
- That there was a representation by the Defendant
- That the representation was false, and that the Defendant either knew it to be false in a material particular OR was reckless whether it was false in a material particular.
What does R v Morley state regarding intention to deceive?
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 does R v Mohan state regarding intent?
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence”
What does R v Waaka state regarding intent?
A “fleeting or passing thought” is not sufficient, there must be a “firm intent or a firm purpose to effect an act.
What is an example of false representation orally?
Verbally claiming to own goods that are in fact subject to a hire purchase agreement.
What does R v Caslin state regarding false representation?
The defendant was held to have obtained by a false pretence because the representation made by her that she was a prostitute, prepared to prostitute her body and that she had a bedroom available for that purpose were undoubtedly false on that particular occasion.
