Deception

Question 1

Obtain, in relation to any person, means:

Answer 1

Obtain or retain for himself or herself or for any other person

Sec.217, Crimes Act 1961

Question 2

Property

Answer 2

includes real and personal property and any estate or interest in any real or personal money, electricity and any debt

Any thing in action

Any other right or interest

Question 3

Pecuniary advantage

Answer 3

Economic or monetary advantage

“Anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage” Hayes v R

Question 4

Valuable consideration

Answer 4

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind, in short, money or money’s worth

Question 5

Dishonestly

Answer 5

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.

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 6

Claim of right

Answer 6

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 other matter of law other than the enactment against which the offence is alleged to have been committed

Question 7

Takes

Answer 7

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

Question 8

Obtains

Answer 8

To obtain or retain for themselves or another person

Question 9

Document

Answer 9

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 stored and can be reproduced

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

Question 10

Intent

Answer 10

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

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 11

Obtain

Answer 11

Obtain or retain for himself or herself or for any other person

Question 12

Uses or attempts to use

Answer 12

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 13

Deception

Answer 13

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 to a material particular, with intent to deceive any person in circumstances where the duty to disclose it; or
c) Any fraudulent device, trick or stratagem used with intent to deceive any person

Question 14

What does stratagem mean?

Answer 14

a plan or scheme, especially one used to outwit an opponent or achieve an end.

Question 15

Intent to deceive

Answer 15

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

Question 16

“By any deception”

It is necessary for prosecution to prove what?

Answer 16

The person parting with the property was induced to do so by the false representation made

Question 17

Actual possession

Answer 17

When the thing in question is in a person’s physical custody; it is in or about their person; or immediately at hand

Question 18

Ideal possession is:

Answer 18

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

Warner v Metropolitan Police Commissioner

Question 19

Constructive possession

Answer 19

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

Question 20

Privilege or benefit

Answer 20

‘special right or advantage’

Question 21

Debt

Answer 21

Money owing from one person to another

Question 22

Liability

Answer 22

Legally enforceable financial obligation to pay

Question 23

Credit

Answer 23

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 24

Define ‘debtor’

Answer 24

a person, country, or organisation that owes money.

Question 25

Loss

Answer 25

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

Question 26

Takes or obtains a document

Crimes Act 1961 Section 228(a)

Answer 26

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

dishonestly

and without claim of right

takes or obtains any document

Question 27

Uses/ Attempts to use a document

Crimes Act 1961 Section 228(b)

Answer 27

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 28

obtaining by deception

Crimes Act Section 240(1)(a)

Answer 28

By any deception

without claim of right

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

Question 29

Obtaining by deception

Crimes Act Section 240(1)(b)

Answer 29

By any deception

And without claim of right

in incurring any debt OR liability

obtains credit

Question 30

Obtaining by deception

Crimes Act 1961 Section 240(1)(d)

Answer 30

By any deception

and without claim of right

causes loss to any person