Deception

Question 1

Dishonestly takes OR uses a document

Exam form

Answer 1

Dishonestly takes OR use a document 
Section 228(1)(a)/(b) CA 1961
7 years penalty

Every one - a person is prove by judicial notes or circumstantial evidence
(Rahul and Anshoo are persons as proved by judicial notes and by circumstantial evidence.

Intent- a person does something intentionally if they mean to do it and they desire a specific resolution and act with the aim or purpose or achieving it.
(Rahul knew he could not use Anshoos credit card so he stole it from her purse without her knowing while she was in the shower)

Question 2

Obtains

Answer 2

Obtains ir retains for himself or for any other person

Question 3

Property

Answer 3

Includes real and personal property and any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right of interest

Question 4

Service

Answer 4

Is limited to financial or economic value and excludes privileges or benifits

Question 5

Pecuniary advantage

Answer 5

A monetary advantage anything that enhances the accused financial position

HAYES V R

Question 6

Valuable consideration

Answer 6

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

HAYES V R

Question 7

Dishonestly

Answer 7

Without a belief that their was expressed or implied consent to or authority for the act or omission from a person entitled to give such consent or authority

Question 8

Claim of right

Answer 8

Belief at time of act in proprietary or possessary right to property even though belief may be based on ignorance or mistake

Proprietary relates to ownership

Question 9

Takes

Answer 9

Theft us committed by a taking when the offender moves the property or causes it to be moved.

Question 10

R v MISIC

Answer 10

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

Question 11

Voidable title

Answer 11

A title obtained by deception fruad duress or misrepresentation is called a voidable title
The title can be voided by the seller

Question 12

Credit

Answer 12

This refers to the obligation on the debtor to pay or repay and the time given for then to do so by the creditor

Question 13

How can you avoid a title

Answer 13

Innocent purchase buys goods obtained by deception - before title coded

Before the purchase knows it was purchased through fraudulent means

Question 14

Difference between deception 240(1)(a) and uses a document 228(1)(b)

Answer 14

That a document is used

Question 15

Exam answer 228 b

Answer 15

Dishonestly  uses a document 
Section 228(1)(b) ca 1961

Every one // intention // obtain // any property // Dishonestly // without claim of right // uses // any document

Every one - person is prove by judicial notes or circumstantial evidence - Tony is a person as proved by judicial notes and circumstantial evidence.

Intention - intend to obtain and he must intend to obtain by deception - Tony knew the card was not his to use but used it on the pretext he was the owner of that card.

Obtain - to obtain or retain for themselves or others - Tony obtained the flowers for himself

Property - includes real and personal property and any estate or interest in any real or personal property.
Tony used the card to buy flowers which is property.

Dishonest - Tiny found the wallet therefore there was no no authority or consent given by the owner of the wallet for Tony to pick up the wallet.

Without claim of right - belief at the time of act in a proprietary or possesionary right in the property.
Tony knows the wallet is not his or the items in it. He has no right to it.

Uses - physically does something with the item.
Tony uses the card by purchasing flowers.

Document - essentially a document is a thing which provides evidence or information or serves as a record - r v misic - the card Tony uses is a document.