DECEPTION

Question 1

Criminal liability
Takes or obtains a document
Section 228 (A)
Seven years

Answer 1

1. with intent to obtain any property, service, pecuniary advantage or valuable consideration
2. dishonestly
3. and without claim of right
4. takes or obtains any document

Question 2

Criminal liability
Uses/attempts to use a document
Section 2 to 8 (B)
7 years

Answer 2

1. with intent to obtain any property, service, Pecuniary advantage or valuable consideration
2. dishonestly
3. and without claim of right
4. uses or attempt to use any document

Question 3

Criminal liability
Obtaining by deception
Section 240 (1) (A)
Three months/1/7 years

Answer 3

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

Question 4

Criminal liability
Obtaining by deception
Section 240 (1) (B)
Seven years/one/3 months

Answer 4

1.by any deception
2.and without claim of right
3.in incurring any debt
Or liability
OBTAINS CREDIT

Question 5

Criminal liability
Obtaining by deception
Section 240 (1) (D)
Seven years/1 year/3 months

Answer 5

1. by any deception
2. and without claim of right
3. causes loss to any person

Question 6

Define intent

Answer 6

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

Question 7

Define obtain

Section 217, crimes act 1961

Answer 7

Obtain in relation to any person, means obtain or retain for himself or herself or for any other person.

Question 8

Define claim of right

Answer 8

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

Question 9

Definition of property

Answer 9

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.

Question 10

Caselaw
Define pecuniary advantage
Hayes v R

Answer 10

A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.

Question 11

Definition of a valuable consideration
Caselaw
Hayes v R

Answer 11

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.

Question 12

What is a document?

Answer 12

Document means a document, or part of the document, in any form and includes

1. paper /material containing anything that can be read
2. photos/ negatives and related items
3. desks, tapes, cards or other devices/equipment on which information is stored and can be reproduced.

Question 13

Caselaw
Defining document
R v Misic

Answer 13

Essentially a document is a thing which provides evidence or information or serves as a record

Question 14

Define false representation

Answer 14

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.

Question 15

Caselaw
R v Morley
An intention to deceive( have an understanding)

Answer 15

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.

Question 16

R v Mohan

Answer 16

Intent Involves a d t b a, in so f I lies w the a p, the c o t o.

Question 17

R v W

Answer 17

A f or p t is not s, there m b a f I or f p t e an a.

Question 18

Acting recklessly

Answer 18

Acting r I c and d taking an u r.

Question 19

Material particular

Explain

Answer 19

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.

Question 20

R v Harney

Recklessness

Answer 20

Recklessness involves f of d c that could w h, together with the i to c the c of c r of the r.

Question 21

Define possession

Warner v Metropolitan police commissioner 

Answer 21

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.

Question 22

Define control

Answer 22

Control is not defined in the crimes act 1961. The concise Oxford dictionary defines control as the power of directing, command.

Question 23

What is Pecuniary advantage?

Answer 23

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.

Question 24

What is a privilege?

Answer 24

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

Question 25

What is a valuable consideration?

Answer 25

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

Question 26

Caselaw
Define credit
Fisher v Raven

Answer 26

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

Question 27

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

Answer 27

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.

Question 28

Intention to deceive

Define

Answer 28

Offender must know representation is false and intend the other person to act upon it as genuine.

Question 29

Caselaw
R v Laverty
False representation

Answer 29

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.

Question 30

Define inducement

Answer 30

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

Question 31

Define cause loss

Answer 31

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.

Question 32

Define title

Answer 32

Title is not defined in the crimes act 1961. The definition of title simply means a legal right to the property.

Question 33

Define dishonestly

Section 217 crimes act 1961

Answer 33

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.

Question 34

Define takes
Section 219 (4), crimes act 1961

Answer 34

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 35

Define
Uses or attempts to use
Section 72 (1) crimes act 1961

Answer 35

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.

Question 36

Define deception

Answer 36

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

Question 37

Define debt

Answer 37

Money owing from one person to another

Question 38

Define liability

Answer 38

Legally enforceable financial obligation to pay