Deception Flashcards
define; valuable consideration
Takes/obtains a doc. s.228(1)(a) 7/1/3months Valuable Consideration HAYES v R Valuable consideration is anything capable of being a val. consideration. whether of a monetary kind, of any other sort of kind, in short; money or monies worth.
penalties of deception offences
240(1) (a) (b) and (c)
over $1000 7 years
Between $500 and $1000 1 year
Under $500 3 months
Ing: uses or attempts to use a document.
s.228(1)(b) 7yrs
W. Intent to obtain a property or service or pecuniary advantage or valuable consideration
Dishonestly and w/out claim of right
Uses OR attempts to use a document
Define; Any document
Document s.217 CA61
Includes part of a document in any form and includes;
1) paper or material containing anything that can be read.
2) photos negatives and related items.
3) discs, cards, tapes or other items on which information can be stored or reproduced.
R v MISIC
essentially a document is a thing which provides evidence or information or serves as a record.
define: “without claim of right”
claim of right; s2CA61
in relation to an act means a belief at the time of the act, in a propriety or possesory right in property to which the offense is alleged to have been committed, although that belief may be based on ignorance or mistake of fact, or any other matter of law, other than the enactment against which this offense is alleged to have been committed.
definition pecuniary advantage
Takes/obtains a doc
s.228 (1)(a) 7/1/3mths
Pecuniary advantage
*economic or monetary advantage
HAYES v R
a PA is anything that enhances the accuseds financial position, it is this enhancement that constitutes the element of advantage.
define; in incurring any debt
debt: money owing from one person to another
deception case law
R v MISIC (document)
a document is essentially anything which provides evidence or information or serves as a record.
define; uses or attempts to use
Dishonestly uses or attempts to use a document.
s.228 (1)(b) 7 years
use or attempt to use:
the prosecution must prove the offender used or attempted to use the document to obtain a Property, service, P.A. or V.C.
HAYES v R
an unsuccessful use is as much a use as a successful one. Because the use does not have to be successful it may be difficult to draw a line between a use and attempted to use.
Ing: causes loss by deception
s.240(1)(c)
By any deception.
W/out claim of right.
Causes loss to any person.
define; obtains
Obtain s.217CA61
means to obtain or retain for himself or another person.
deception case law
HAYES v R (valuable consideration)
a V.C. is anything capable of being a V.C. whether of a monetary or any other kind, in short money or monies worth.
Ing: takes OR obtains by deception 7 yrs
s.240 (1)(a) 7 years
By deception
And without claim of right
Obtains possession of or control over any property or privilege or service or pecuniary advantage or benefit or valuable consideration.
Ing: obtains credit by deception
s.240(1)(b) 7 yrs By any deception Without claim of right In incurring any debt or liability Obtains credit
define; causes loss to any person
Causes loss by deception
s.240(1)(d) 7/1/3months
Loss; not defined by statue but in most cases will involve financial detriment to the victim.
to any person: someone other than the defendant.
define: by any deception
Deception s.240(2)CA61
a) a false representation whether oral, documentary or by conduct where the person making the representation intends to deceive another person and
1) knows that it is false in a material particular
2) is reckless whether it is false in a material particular.
b) an omission to disclose in a material particular with intent where there is a duty to disclose it.
c) a fraudulent device, trick or stratagem used with intent to deceive any person.
R v MORLEY
the intention to deceive requires that the deception be practiced in order to deceive the affected party.
Purposeful intent must exist at the time of the deception.
deception case law
HAYES v R (use of a doc.)
R v HAYES
an unsuccessful use of a doc is as much a use as a successful one.
an unsuccessful use of a doc. must not be equated conceptually with an attempted one.
the concept of attempt relates to use not to the ultimate obtaining of a P.A. which is not a necessary ingredient of the offense.
Because the use does not need to be successful it may be difficult to draw a clear line between use and attempted use.
define: privilege or benefit
special right or advantage
deception case law
HAYES v R (pecuniary advantage)
a P.A. is anything that enhances the accused financial position. it is that enhancements that constitutes the advantage.
define; obtains credit
refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor.
deception case law
R v MORLEY (intention to deceive)
An intention to deceive requires that deception is practiced in order to deceive the affected party, purposeful intent is necessary and must exist at the time of deception.
define dishonestly
Dishonestly s.217 CA61
in relation to an act or omission, means done or omitted without a belief there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give consent or authority.
HAYES v R
the question is whether the belief is actually held, not whether that belief is reasonable, however reasonableness may be relevant as evidence on the issues of whether that belief was actually held.
Define; Takes
Takes s.219(4)
for tangible property theft is committed by a taking when the offender moves the property or causes it to be moved.
define; liability
legally enforceable financial obligation to pay.
definition: obtain
Takes/obtains a doc.
s228(1)(a) 7/1/3months
obtain; 217CA61
obtain in relation to any person means to obtain or retain for themselves or another person.
Ing: takes or obtains a document
s.228(1)(a) 7 years With intent to obtain any property or service or pecuniary advantage or valuable consideration Dishonestly And Without claim of right Takes OR obtains a document
What is the definition of representation and what is a material particular
REPRESENTATION
capable of being false so contains a proposition of fact
MATERIAL PARTICULAR
Something of imporatnce
In relation to deception offences how can knowledge be proved
Admissions
Circumstances
Propensity evidence
