Deception Flashcards
A Valuable Consideration
Anything capable of being Valuable whether monetary or moneys Worth. Hayes V R
Deception meaning
A)False Representation where the person intends to deceive any other person and knows that it is false.
or is reckless.
B) and admission to disclose a material particular with intent to deceive in circumstances there is duty to disclose it.
C) A fraudulent device or trick used with intent to deceive any person.
What is the difference between Obtains by deception or theft
Hinders on the concepts on the possession and ownership.
If someone has obtained an item by deception they have received title and possession even if the title/ownership is voidable.
Theft will never gain title/ownership
Claim of RIght
A belief in a proprietary or possessory right in relation to which the offence is alleged to have been committed
Porperty
Any real property
Pecuniary Advantage
Hayes V R,
anything that enhances the accused financial position.
R V MORLEY
An intention to deceive requires that the deception is practised “in order to deceive the affected part”
Purposeful intent is necessary at the time of deception
Voidable Title
Title obtained by duress or deception can be voided by the seller.
Document is defined
is defined under 217 of the crimes Act.
Generally a material device in which information is stored and can be received
Hayes V R in relation to using a document
An unsuccessful use of a document is as mush use as a successful one.
Elements for using a Doc
Using a document S228(1)(a) or 228(1)(b) CA 61 Dishonestly Without claim ------A) takes/Obtains ------B) Uses/Attempts Any document With intent to obtain Property, Service, Pecuniary advantage or valuable consideration
Title
A right or claim to the ownership of property.
R V MISIC
A document is a thing which provides evidence of information or serves as a record.
