Deception

Question 1

Define credit

Answer 1

Requires a debtor to gain a creditors agreement to the differed payment of a debt or obligation.

Question 2

What is necessary to avoid title?

Answer 2

• communication with the offender
• taking all possible steps to bring it to the offenders notice; text, letter, phone call
• By advising the police the goods were obtained by fraud.

Question 3

Define avoidable title

Answer 3

A title obtained by deception, fraud, duress or misrepresentation is called voidable title

Question 4

In relation to Takes or Obtains a Document define Property:

Answer 4

Property includes real and personal property and any estate or interest in any real or personal property, money, electricity and debt, and any thing in action, and any other right or interest.

Question 5

Define Obtains:

Answer 5

To obtain or retain for themselves or another person

Question 6

Define Pecuniary Advantage:

Answer 6

Anything that enhances the accused’s financial position.

it is the enhancement which constitutes the element of advantage. Hayes v R

Question 7

Define claim of right:

Answer 7

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.
(Believing that you have ownership or a right to take or keep that ‘property’ in your possession.)

Question 8

Define Takes:

Answer 8

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

Question 9

According to R v Misic a document is:

Answer 9

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

Question 10

Define Service:

Answer 10

Service is limited to financial or economic value and excludes privileges or benefits.

Question 11

Define Valuable Consideration:

Answer 11

Anything capable of being valuable consideration, whether of a monetary kind or of another kind;
In short money or money’s worth. Hayes v R

Question 12

Define Dishonestly:

Answer 12

Does not have permission or authority.

Question 13

According to Hayes v R use of a document is explained as:

Answer 13

An unsuccessful use of a document is as much use as a successful one.

Question 14

Define ‘Deception’ as per s240(2) CA61:

Answer 14

(a) A false representation whether oral, documentary or by conduct where the person intends to deceive
I) knows it is false
Ii) is reckless as to whether it is false
(b) An omission of ‘Material Particular’ with in tent to deceive in circumstances there is duty to disclose it;
(c) A fraudulent trick or stratagem used with intent to deceive any person.

Question 15

What must the prosecution prove in relation to ‘Guilty knowledge’

Answer 15

1. Intent to deceive.
2. there was a representation
3. That the defendant knew the Representation was false in material particular or was reckless as to its falsity.

Question 16

Define ‘Concept title’

Answer 16

” A right of claim to the ownership of property.”

Question 17

How can you void title?

Answer 17

Communication with the offender
Taking all possible steps to bring it to the offenders notice; text, letter, phone call
By advising the police the goods were obtained by fraud.

Question 18

R v Morley in relation to the ‘Intent to Deceive’

Answer 18

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 19

State three examples of ‘false representation’

Answer 19

1. Orally - verbally claiming to own the goods that do not belong to them.
2. Documentary (Written) False certificates/qualifications
3. Conduct - Putting on a uniform and pretending to be a police officer.

Question 20

Uses a Document ingredients

Answer 20

Uses or attempts to use a document. 
Sec 228 (1)(b) CA61

1. With intent to obtain any property/pec. adv/ val. cons/ service
2. Dishonestly
3. and without claim of right
4. Uses any document OR
   attempts to to use any document.

Question 21

Define ‘possession’

Answer 21

Possession involves two…elements.
1. Actual physical or potential control or custody over an item.
2. Knowledge that you have possession and the intention to keep possession.
R v Cox

Question 22

Define ‘control’

Answer 22

The power of directing, command. Do not need to possess something in order to control.

Question 23

‘False representation’

Answer 23

A representation that is false in Material Particular. A statement of some sort - verbal, documentary or conduct capable of being false.

Question 24

Deception vs Theft

Answer 24

Hinges on possession and ownership.

• If gained by deception, the person with special interest has freely given the offender possession.
• if the offender gained the property by taking it without the victim’s knowledge = theft.

Question 25

R v Cox

Answer 25

Possession involves two…elements.

1. Actual physical or potential control or custody over an item.
2. Knowledge that you have possession and the intention to keep possession.