Deception Flashcards
Define ‘property’
Property includes real and personal property, or interest in any real personal property, any estate, money, electricity, debt, anything in action and any other right or interest.
What is the definition of a ‘service’ and what is the case law?
R V Cara directed that service is limited to financial or economic value, and excludes privileges or benefits.
What is the definition of a pecuniary advantage? What case law is this?
Hayes V R - a pecuniary advantage is anything that enhances the accused financial position. It is that enhancement which constitutes the element of advantage.
Think ACC payments when actually working.
What is the definition of dishonestly?
An act or omission done without a belief that there was expressed or implied consent or authority by a person with the authority to give consent.
What does R V Misic state?
A document is a thing which provides evidence or information or serves as a record.
What was held in Hayes V R with regards to an unsuccessful use of a document?
An unsuccessful use of a document is as much a use as a successful one.
(Must not be an attempt to use. It can be hard to distinguish between the two)
What is the definition of deception?
A false representation, whether oral, documentary, or by conduct, where the person intends to deceive another person.
Or is reckless as to whether it was false in a material particular
Or an omission to disclose a material particular with intent to deceive any person where there is a duty to disclose it
Or a fraudulent device or trick used with intent to deceive.
What must be proved in deception cases?
- that there was an intent to deceive
- that there was a representation by the defendant
- that the representation was false, and that the defendant either;
1. Knew it to be false in a material particular, or
2. Was reckless whether it was false in a material particular.
What was held in R V Morley?
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is required and must exist at the time of the deception.
What is the difference between theft and obtaining by deception?
With theft, the property is taken without the owner’s permission. The offender has possession and not title.
With deception the property is obtained with the owner’s permission and title is passed on (though it may be voidable).
What are some examples of a privilege or benefit?
- using another person’s gym membership
- the withdrawal of an assault charge.
It does not need to involve money.
What is a ‘liability’?
A legally enforceable financial obligation to pay, such as the cost of a meal.
What is the concept of ‘voidable title’
When a defendant obtains good by deception, he obtains both title and possession. This type of title has limitations and can be ‘avoided’ which is called ‘voidable title’.
If an innocent buyer obtains goods before the title has been avoided, then they are entitled to good title.
What is necessary to avoid title?
- communication to the offender by writing a letter, sending a text or making a phone call
- by advising the police that the property was obtained by fraud.
What is the act, section and elements of dishonestly taking or using a document?
Crimes Act 1961 Section 228
(1) (a) dishonestly and without claim of right takes or obtains any document
(1) (b) dishonestly and without claim of right uses or attempts to use any document.
