Deception

Question 1

Takes or Obtains A Document
ACT
SECTION
PENALTY

Answer 1

Takes or Obtains A Document
CA61
228(1)(A)
7 years

Question 2

Takes or Obtains A Document

INGREDIENTS

Answer 2

With intent to obtain any property, service, pecuniary advantage or valuable consideration;

Dishonestly;

And without claim of right;

Takes or obtains any document.

Question 3

Takes or Obtains A Document

Define Intent

Answer 3

A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it

Question 4

Takes or Obtains A Document
What is R v Mohan?

I I A “D T B A, I S F A I L W T A P, T C O T O”

Answer 4

Intent involves a “decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”

Question 5

Takes or Obtains A Document
What is R v Waaka?

A “F O P T” I N S; T M B A “F I O A F P T E A A”

Answer 5

A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.

Question 6

Takes or Obtains A Document

Define Obtain - Under Sec 217 CA61

Answer 6

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

Question 7

Takes or Obtains A Document
Define Property - Under Section 2 CA61

P I R A P P A A E O I I A R O P P, M, E A A D, A A T I A, A A O R O I.

Answer 7

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.

Question 8

Takes or Obtains A Document
What is Hayes v R, in terms of pecuniary advantage?

“A T E T A F P. I I T E W C T E O A”

Answer 8

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

Question 9

Takes or Obtains A Document
What is Hayes v R, in terms of a valuable consideration?

“A C O B V C, W O A M K O O A O K; I S, M O M W”

Answer 9

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.

Question 10

Takes or Obtains A Document
Define Dishonestly - Under Section 217 CA61

I R T A A O O, M D O O W A B T T W E O I C T, O A F, T A O O F A P E T G S C O A

Answer 10

In relation to an act or omission, 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 11

Takes or Obtains A Document
What is Hayes v R, in terms of the meaning dishonestly?

T Q I W T B I A H, N W T B I R. H R M B R A E O T I O W T B W A H

Answer 11

The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held

Question 12

Takes or Obtains A Document
Define Takes
What section is takes defined under?

Answer 12

For tangible property, theft is committed by taking when the offender moves the property or causes it to be moved (Section 219(4), CA61)

Question 13

Takes or Obtains A Document

Define Document - Under Section 217 CA61

Answer 13

Includes part of a document in any form, and includes:

• paper/material containing anything that can be read;
• photos, negatives and related items;
• discs, tapes, cards, or other devices/equipment on which information is sored and can be reproduced.

Question 14

Takes or Obtains A Document
What is R v Misic in terms of documents

A D I A T W P E O I O S A A R

Answer 14

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

Question 15

Uses/Attempts to use A Document

INGREDIENTS

Answer 15

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.

Question 16

Uses/Attempts to use A Document

What is R v Morely, in terms of intent?

Answer 16

An 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 17

Uses/Attempts to use A Document

Define Claim of Right under Section 2, CA61

Answer 17

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 offence is alleged to have been committed.

Question 18

Uses/Attempts to use A Document

Defines Uses or Attempting to Use

Answer 18

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 19

Uses/Attempts to use A Document

What is Hayes v R, in terms of using / attempting to use?

Answer 19

An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence. because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.

Question 20

Uses / Attempts to Use A Document
ACT
SECTION
PENALTY

Answer 20

Crimes Act 1961
Section 228(1)(b)
7 years

Question 21

Obtaining by Deception (240(1)(a))

INGREDIENTS

Answer 21

By any deception;

And without claim of right;

Obtains possession of or control over any property or any privilege, service, pecuniary advantage, or benefit, or valuable consideration.

Question 22

Obtaining by Deception
Define Deception
And what section is deception defined under?

Answer 22

Section 240(2)

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;
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.

Question 23

Obtaining by Deception

Define False Representation

Answer 23

• 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 the falsity of the statement will suffice.

Question 24

Obtaining by Deception

Define Intent to Deceive

Answer 24

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

Question 25

Obtains by Deception

What is R v Morely, in relation to “By any deception”?

Answer 25

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 26

Obtains by Deception

Define Possession

Answer 26

May be actual or constructive

Question 27

Obtains by Deception

Define Actual Possession

Answer 27

Actual possession arises where the thing in question is in a person’s physical custody, it is on or about their person, or immediately at hand.

Question 28

Obtains by Deception

Define Ideal Possession

Answer 28

Ideal possession is:

• Complete physical control
• Knowledge of existence/situation/qualities

Question 29

Obtains by Deception

Define Constructive Possession

Answer 29

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it

Question 30

Obtaining by Deception (240(1)(b))

INGREDIENTS

Answer 30

By any deception;
And without claim of right;
In incurring any debt OR liability;
Obtains credit

Question 31

Obtaining by Deception

Define Debt

Answer 31

Money owing from one person to another

Question 32

Obtaining by Deception

Define Liability

Answer 32

Legally enforceable financial obligation to pay

Question 33

Obtaining by Deception
Define Credit (Fisher v Raven)

Answer 33

Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable

Question 34

Obtaining by Deception

What is R v McKay, in relation to obtains credit

Answer 34

…credit had been obtained… but at that time the accused did not possess an intent to deceive.

Question 35

Obtaining by Deception (240(1)(d))

INGREDIENTS

Answer 35

By any deception;
And without claim of right;
Causes loss to any person.

Question 36

Obtaining by Deception

Define Loss

Answer 36

Is likely to include financial and property losses and may also encompass emotion, cultural and intellectual losses.

Question 37

Obtaining by Deception

Define Person

Answer 37

Gender neutral. Proved by judicial notice or circumstantial evidence.

Question 38

Obtaining by Deception

Section 2 definition of Person

Answer 38

Person, owner, and other words and expression of the like kind, include the Crown and any public body, or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning.