Deception

Question 1

Dishonestly Taking or Using a Document

Act, Section & Penalty

Answer 1

Crimes Act, Section 228(1)(a-b)

Penalty – 7years

Question 2

Crimes Act 1961, Section 228(1)(a)

Answer 2

Dishonestly Takes or Obtains a Document
- Dishonestly
- Without claim of right
- Takes OR Obtains
- Any Document
- With intent to obtain any
Property, Service, Pecuniary advantage or Valuable consideration

Question 3

Crimes Act 1961, Section 228(1)(b)

Answer 3

Dishonestly Using a Document
- Dishonestly
- Without claim of right
- Use OR Attempts to use
- Any Document
- With intent to obtain any
Property, Service, Pecuniary advantage or Valuable consideration

Question 4

Obtaining by Deception or Causing loss by Deception

Act, Section & Penalty

Answer 4

Crimes Act 1961, Section 240(1)(a-d)

Penalty depends on the amount of loss

Question 5

Crimes Act 1961, Section 240(1)(a)

Answer 5

• By any deception
• Without claim of right
• Obtains
  Ownership OR
  Possession of OR
  Control over
• Any property, or any privilege, service, pecuniary advantage, benefit or valuable consideration
• Directly or indirectly

Question 6

Crimes Act 1961, Section 240(1)(b)

Answer 6

• By any deception
• Without claim of right
• In incurring any debt OR liability
• Obtains credit

Question 7

Crimes Act 1961, Section 240(1)(c)

Answer 7

• By any deception
• Without claim of right
• Induces or causes any other person to
  Deliver over
  Execute
  Make
  Accept
  Endorse
  Destroy, OR
  Alter
• Any document or thing capable of being used to derive a pecuniary advantage

Question 8

Crimes Act 1961, Section 240(1)(d)

Answer 8

• By any deception
• Without claim of right
• Causes loss to any other person

Question 9

Hayes v R

Pecuniary Advantage

Answer 9

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

Question 10

Hayes v R

Valuable Consideration

Answer 10

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 11

Dishonestly – Section 217 Crimes Act 1961

Answer 11

dishonestly, 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

Question 12

Crimes Act 240(2)

Deception Definition

Answer 12

(a) 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; OR
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; OR
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 13

Claim of right - Section 2 CA 1961

Answer 13

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

Question 14

Nature of belief

Answer 14

1 – relates to element of ownership of property
2- Belief of rights to property
3- Belief held at the time of alleged offending
4- belief actually held by defendant

Question 15

R v Misic

Document

Answer 15

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

Question 16

Document definition-

Answer 16

R v Misic

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

Question 17

What is required to be proved

Answer 17

• That there was an intent to deceive
• That there was a representation by the defendant
• The the representation was false; and that the Defendant either:
  - knew it to be false in material particular OR
  - was reckless whether it was false in a material particular

Question 18

R v Morley

Answer 18

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 19

Distinction between theft & Obtain by deception

Answer 19

In theft the property is obtained without the owner’s permission and title is not passed.

Question 20

Pecuniary Advantage

Answer 20

economic or monetary advantage

Question 21

Debt

Answer 21

Means owing money from one person to another

Question 22

Liability

Answer 22

means a legally enforceable financial obligation to pay, such as the cost of a meal

Question 23

Ownership (Title)

Answer 23

Oxford dictionary

a right or claim to the ownership of property

Question 24

Title in deception

Answer 24

A person cannot give better title to the property than they own.
A seller who has no rights to the property and acts without authority of the true owner? The buyer can receive no greater interest in the goods than the seller had.

Question 25

Voidable Title

Answer 25

A title obtained by deception can be avoided (vacated). If an innocent purchaser buys the goods obtained by deception prior to the title being avoided the they are entitled to good title.