Deception

Question 1

Section 228(1) crimes act 1961

Answer 1

Dishonestly taking or using a document

Question 2

Intent to obtain

Answer 2

The defendant must intend to obtain, and he or she must intend to obtain by deception

Question 3

Obtain defined

Answer 3

Obtain, in relations to any person, means obtain or retain for himself or herself or for any other person

Question 4

Property

Answer 4

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

Question 5

R V CARA

Define service

Answer 5

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

Question 6

Define pecuniary advantage and give the case law

Answer 6

R v Hayes

A pecuniary advantage is “anything that enhances to accused’s financial position. It is that enhancement which constitutes the element of advantage”

Question 7

Define valuable consideration and give the case law

Answer 7

R v Hayes

A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short , money or money’s worth”

Question 8

Dishonestly

Answer 8

In relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 9

Claim of right

Answer 9

In relation to any act, means a belief at the time of the act in a proprietaery 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

Question 10

Define document and give case law

(Important)

Answer 10

R v misic

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

Question 11

Attempted use :

Explain with caselaw(Important)

Answer 11

R v Hayes

An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one

The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary ingredient of the offence.

Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use

Question 12

Section 240 crimes act 1961

Answer 12

Obtaining by deception or causing loss by deception

Question 13

Intent

Answer 13

Means that the act or omission must be done deliberately. The act or omission must be more than involuntary or accidental