Deception

Question 1

intent

Answer 1

in a criminal law context there are two specific types of intent, firstly there must be an intention to commit the act and secondly an intention to get a specific result

Question 2

Obtain

Answer 2

S217 CA 1961

Obtain in relation to any persons means obtain or retain for himself or herself

Question 3

Property

Answer 3

S2 CA 1961
Property includes any rel or personal property or any estate, or any interest in any real or personal property, money, electricty and any debt, and any thing in action, and any other right or interest

Question 4

Service

Answer 4

Not defined in statue

Question 5

Case law relating to valuable consideration

Answer 5

Hayes v R
A vaulable consideration is anything capable of being a valuable consideration, whether of a monetary kind or of any other kind, in short money or moneys worth

Question 6

Dishonestly

Answer 6

S217 CA 1961
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 7

Claim of right

Answer 7

S2 CA 1961
In relation to any act, means a belief at the time of the act in a proprrietary or possessory right in property in relation to which the offence is alleged to have been committed, although the belief may be based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 8

Takes

Answer 8

S219(4) CA 1961

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

Question 9

Document

Answer 9

Includes part of a document in any form and includes

• paper/material containing any thing that can be read
• photos, negatives and related items
• discs, tapes, cards or other devices/equipment on which information is stored and can be reproduced

Question 10

Case law related to document

Answer 10

R v Misic

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

Question 11

Uses or attempts to use

Answer 11

The prosecution must prove that the offender used the document or attempted to use it with the intent to obtain any property, service, pecuniary advantage or valuable consideration

Question 12

Case law relating to using a document

Answer 12

Hayes v R
An unsuccessful use of a document is as good as a successful one and should not been seen as an attempted use. The concept of attempts relates to the use of the document not the obtaining of a pecuniary advantage, thus it may be difficult to draw a clear line between use and attempts to use.

Question 13

Deception

Answer 13

S240(2) CA 1961

(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 it to be 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 14

False representation

Answer 14

The representation must be false and the defendant must know or believe that it is false or be reckless whether it is false. Absolute certainty in not required and willful blindness to its falsity will suffice.

Question 15

Intent to deceive

Answer 15

the offender must know representation is false and intent the other person to act upon it as genuine

Question 16

Case law relating to intent to deceive

Answer 16

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

Ownership

Answer 17

is synonymous with the concept of title

Question 18

case law relating to ownership/possession

Answer 18

R v Cox
possession involves two elements, the first being the physical element which is the actual or potential custody or control, and the second being the mental element which is the knowledge in the sense of awareness of the accused that the substance is in their possession and the intention to exercise possession of it.

Question 19

Possession

Answer 19

May be actual or potential

Question 20

Actual possession

Answer 20

arises where the thing in question is in the persons physical custody or control

Question 21

potential possession

Answer 21

arises where the person has the potential to have the thing in question in their control

Question 22

privilege or benefit

Answer 22

special right or advantage

Question 23

Debt

Answer 23

money owing from one person to another

Question 24

liability

Answer 24

legally enforceable financial obligation to pay

Question 25

credit

Answer 25

refers to the obligation of the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforced

Question 26

Loss

Answer 26

is likely to include financial and property losses any may also encompass emotional, cultural and intellectual losses

Question 27

what is a material particular?

Answer 27

something important or something that matters