Deception

Question 1

Outline legislation for dishonestly taking or using a document

Answer 1

1. Every one who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration –
   a. Dishonestly and without claim of right, takes or obtains any document; or
   b. Dishonestly and without claim of right, uses or attempts to use any document.

Question 2

Define property

Answer 2

real and personal property

Question 3

define service

Answer 3

limited to financial or economic value, and excludes privileges and benefits.

Question 4

define pecuniary advantage and the relevant case law

Answer 4

Pecuniary advantage gives a financial advantage.

R v Hayes

Question 5

define valuable consideration and the relevant case law

Answer 5

Valuable consideration is anything equivalent in payment

R v Hayes

Question 6

outline the difference between takes and obtains

Answer 6

Takes – causes item to be moved.

Obtains – gain control of item.

Question 7

what is the case law regarding a document?

Answer 7

essentially a document is a thing which provides evidence or information or serves as a record.
(R v Misic)

Question 8

what is the case law held regarding uses or attempts to use a document?

Answer 8

an unsuccessful use of a document is as much use as a successful one.
(R v Hayes)

Question 9

What is the relevant case law regarding an intent to deceive?

Answer 9

The intent to deceive must exist at the time of deception.

R v Morley

Question 10

Define debt and liability. What must they both be?

Answer 10

Debt – money owing from one person to another.
Liability – a legally enforceable obligation to pay.
Both must be legally enforceable.

Question 11

Define credit

Answer 11

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

Question 12

Outline the distinction between theft and obtaining by deception

Answer 12

the difference hinges on concept of possession and ownership. For deception, possession and ownership (title) have passed on. If gained by theft, property is obtained without the owners permission and the ownership (title) is note passed on.

Question 13

Define title and voidable title

Answer 13

Title – a legal right to the property, a right or claim to the ownership of the property.
Voidable title – a title obtained by deception, fraud, duress, or misrepresentation.

Question 14

Why is a credit card a document?

Answer 14

As it contains information that is stored on it as a record

Question 15

Define dishonestly and without claim of right

Answer 15

Dishonestly - no consent or authority

Without claim of right - no ownership or right to possess