Deception Flashcards
Dishonestly/taking or using a document
Section 228(1)
- With intent
- To obtain
- Any property or service or pecuniary advantage or valuable consideration
- Dishonestly
- Without claim of right
(a) takes or obtains any document
(b) uses or attempts to use any document
Define property
Includes real and personal property
Define a service
Service is limited to financial or economic value, and excludes privileges or benefits R v Cara
What is case law Hayes for valuable consideration and pecuniary advantage
A pecuniary advantage is anything that enhances the accuseds financial position. It is that enhancement which constitutes the element of advantage
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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
Define dishonestly
Something 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
Define claim of right
At the time of offence there must be a belief of a proprietary or possessory right in the property
What is case law Misic
Essentially a document is a thing which provides evidences or information or serves as a record
Case law for Hayes in attempts
An unsuccessful use of a document is as much use as a successful one.
Define deception
- A false representation, whether oral documentary, or by conduct, where the person making the representation intends to deceive any other person
- An omission to disclose a material particular
- A fraudulent device, trick or strategy used with intent to deceive any person
What 3 things must be proved in false representation
- That there was an intent to deceive
- That there was representation by the defendant
- That the representation was false and that defendnat either:
- knew it to be false in a material particular
- was reckless whether it was false in a material particular
What is case law Morley
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
What are 3 ways there can be false representation
- Orally (verbally claiming to own goods that are subject to hire purchase)
- By conduct (representing oneself as a charity collector)
- Documentary (presenting a false certificate or qualification)
Define knowledge
Simester and brookbanks knowing means knowing or correctly believing the defendant may believe something wrongly but cannot know something that is false
Can be established by:
- An admission
- Implication from the circumstances surrounding the event
- Propensity evidence
Difference between deception and theft
Theft the property is obtained without owners permission and title not passed on
Deception is that the property is obtained fraudulently with owners permission and title is passed on
What is case law Cox
Possession involves two elements. The first often called the physical element, is actual or potential physical custody or control. The second often described as the mental element is a combination of knowledge and intention knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession
