DECEPTION Flashcards
Criminal liability
Takes or obtains a document
Section 228 (A)
Seven years
- with intent to obtain any property, service, pecuniary advantage or valuable consideration
- dishonestly
- and without claim of right
- takes or obtains any document
Criminal liability
Uses/attempts to use a document
Section 2 to 8 (B)
7 years
- with intent to obtain any property, service, Pecuniary advantage or valuable consideration
- dishonestly
- and without claim of right
- uses or attempt to use any document
Criminal liability
Obtaining by deception
Section 240 (1) (A)
Three months/1/7 years
1.by any deception and
2.without claim of right
3.obtains possession of
Or control over
Any property or
Any privilege or
Or Service
Or pecuniary advantage
Or benefit
Or valuable consideration
Directly or indirectly
Criminal liability
Obtaining by deception
Section 240 (1) (B)
Seven years/one/3 months
1.by any deception
2.and without claim of right
3.in incurring any debt
Or liability
OBTAINS CREDIT
Criminal liability
Obtaining by deception
Section 240 (1) (D)
Seven years/1 year/3 months
- by any deception
- and without claim of right
- causes loss to any person
Define intent
A person d s I, if they m to do I, t d a s r, and act w t a o p o a it
Define obtain
Section 217, crimes act 1961
Obtain in relation to any person, means obtain or retain for himself or herself or for any other person.
Define 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 maybe based on ignorance or mistake of fact or any matter of law other then the enactment against which the offence is alleged to have been committed.
Section 2 crimes act 1961
Definition of property
Property I r and p p, and a e or I in any r o p p, m,e, and any d, and a t in action, and any o r or I.
Caselaw
Define pecuniary advantage
Hayes v R
A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.
Definition of a valuable consideration
Caselaw
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.
What is a document?
Document means a document, or part of the document, in any form and includes
- paper /material containing anything that can be read
- photos/ negatives and related items
- desks, tapes, cards or other devices/equipment on which information is stored and can be reproduced.
Caselaw
Defining document
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
Define false representation
Under the 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 whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.
Caselaw
R v Morley
An intention to deceive( have an understanding)
And 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.
R v Mohan
Intent Involves a d t b a, in so f I lies w the a p, the c o t o.
R v W
A f or p t is not s, there m b a f I or f p t e an a.
Acting recklessly
Acting r I c and d taking an u r.
Material particular
Explain
Material particular is not defined in the crimes act and can be given its usual meaning of an important, essential or relevant detail or item.
R v Harney
Recklessness
Recklessness involves f of d c that could w h, together with the i to c the c of c r of the r.
Define possession
Warner v Metropolitan police commissioner 
Ideally a possessor of a thing has complete physical control over it, he has knowledge of its existence, its situation and its qualities, he has received it from a person who intends to confer possession of it, and he has himself the intention to possess it exclusively of others.
Define control
Control is not defined in the crimes act 1961. The concise Oxford dictionary defines control as the power of directing, command.
What is Pecuniary advantage?
And economic or monetary advantage.,
Examples cash from stolen goods, closing or cash obtained by a credit or eftpos card, a discount by using a student ID, avoiding or deferring payment of a debt.
What is a privilege?
Privilege means a special right or advantage.
Examples, using another persons gym membership, access to medical services, the withdrawal of an assault charge, a reduction in sentence for an offence
What is a valuable consideration?
The scope of the valuable consideration is wider than the Pecuniary advantage.
Examples, monetary payment in return for goods or services, good given in return for services provided, issuing a false invoice to receive payment for goods never supplied
Caselaw
Define credit
Fisher v Raven
Credit refers to the obligation on the debtor to pay or repay, in the time given for them to do so by the creditor. Credit does not extend to an obligation to supply services or goods. Examples of credit Obtaining money on a loan Extending existing overdraft facilities Renting or leasing a dwelling
Caselaw
R v McKay
The defendant booked into a motel and offered to pay in advance. He was told to pay in the morning when leaving although the following morning he left without paying
On appeal it was held that the credit had been obtained on booking and but at that time the accused did not possess the intent to deceive.
Example, in order to convict the offender you must prove that they had the intent to deceive when they either entered the restaurant or started their meal.
Intention to deceive
Define
Offender must know representation is false and intend the other person to act upon it as genuine.
Caselaw
R v Laverty
False representation
It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made.
Define inducement
Induce means to persuade, bring about or give rise to.
And example of inducement, the defendant sold a secondhand motor vehicle to the informant who alleged misrepresentation were made as to its year and the mileage
Define cause loss
The defendant, or an act of the defendant must be the reason for the cause of the loss.
The term loss is not defined by statute but in most cases will involve financial detriment to the victim.
Define title
Title is not defined in the crimes act 1961. The definition of title simply means a legal right to the property.
Define dishonestly
Section 217 crimes act 1961
In relation to an act or a mission, 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.
Define takes Section 219 (4), crimes act 1961
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
Define
Uses or attempts to use
Section 72 (1) crimes act 1961
The prosecution must prove that the offender used or attempted to use the document with the intent to obtain the property, service, pecuniary advantage or valuable consideration.
Define deception
1.a false representation, whether oral, documentary, or by conduct where the person making the representation intends to deceive any other person and
Knows that it is false in a material particular or
Is reckless as to whether it is false in a material particular
2.an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it or
3.A fraudulent device, track, or stratagem used with intent to deceive any person
Define debt
Money owing from one person to another
Define liability
Legally enforceable financial obligation to pay
