Deception

Question 1

define; valuable consideration

Answer 1

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.

Question 2

penalties of deception offences

Answer 2

240(1) (a) (b) and (c)
over $1000 7 years
Between $500 and $1000 1 year
Under $500 3 months

Question 3

Ing: uses or attempts to use a document.

Answer 3

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

Question 4

Define; Any document

Answer 4

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.

Question 5

define: “without claim of right”

Answer 5

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.

Question 6

definition pecuniary advantage

Answer 6

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.

Question 7

define; in incurring any debt

Answer 7

debt: money owing from one person to another

Question 8

deception case law

R v MISIC (document)

Answer 8

a document is essentially anything which provides evidence or information or serves as a record.

Question 9

define; uses or attempts to use

Answer 9

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.

Question 10

Ing: causes loss by deception

Answer 10

s.240(1)(c)
By any deception.
W/out claim of right.
Causes loss to any person.

Question 11

define; obtains

Answer 11

Obtain s.217CA61

means to obtain or retain for himself or another person.

Question 12

deception case law

HAYES v R (valuable consideration)

Answer 12

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.

Question 13

Ing: takes OR obtains by deception 7 yrs

Answer 13

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.

Question 14

Ing: obtains credit by deception

Answer 14

s.240(1)(b) 7 yrs
By any deception
Without claim of right
In incurring any debt or liability 
Obtains credit

Question 15

define; causes loss to any person

Answer 15

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.

Question 16

define: by any deception

Answer 16

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.

Question 17

deception case law

HAYES v R (use of a doc.)

Answer 17

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.

Question 18

define: privilege or benefit

Answer 18

special right or advantage

Question 19

deception case law

HAYES v R (pecuniary advantage)

Answer 19

a P.A. is anything that enhances the accused financial position. it is that enhancements that constitutes the advantage.

Question 20

define; obtains credit

Answer 20

refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor.

Question 21

deception case law

R v MORLEY (intention to deceive)

Answer 21

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.

Question 22

define dishonestly

Answer 22

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.

Question 23

Define; Takes

Answer 23

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.

Question 24

define; liability

Answer 24

legally enforceable financial obligation to pay.

Question 25

definition: obtain

Answer 25

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.

Question 26

Ing: takes or obtains a document

Answer 26

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

Question 27

What is the definition of representation and what is a material particular

Answer 27

REPRESENTATION
capable of being false so contains a proposition of fact

MATERIAL PARTICULAR
Something of imporatnce

Question 28

In relation to deception offences how can knowledge be proved

Answer 28

Admissions
Circumstances
Propensity evidence