Deception Flashcards
Dishonestly Taking or Using a Document
Act, Section & Penalty
Crimes Act, Section 228(1)(a-b)
Penalty – 7years
Crimes Act 1961, Section 228(1)(a)
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
Crimes Act 1961, Section 228(1)(b)
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
Obtaining by Deception or Causing loss by Deception
Act, Section & Penalty
Crimes Act 1961, Section 240(1)(a-d)
Penalty depends on the amount of loss
Crimes Act 1961, Section 240(1)(a)
- 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
Crimes Act 1961, Section 240(1)(b)
- By any deception
- Without claim of right
- In incurring any debt OR liability
- Obtains credit
Crimes Act 1961, Section 240(1)(c)
- 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
Crimes Act 1961, Section 240(1)(d)
- By any deception
- Without claim of right
- Causes loss to any other person
Hayes v R
Pecuniary Advantage
A pecuniary advantage is ‘anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage’
Hayes v R
Valuable Consideration
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’
Dishonestly – Section 217 Crimes Act 1961
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
Crimes Act 240(2)
Deception Definition
(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.
Claim of right - Section 2 CA 1961
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
Nature of belief
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
R v Misic
Document
Essentially a document is a thing which provides evidence or information or serves as a record
Document definition-
R v Misic
Essentially a document is a thing which provides evidence or information or serves as a record
What is required to be proved
- 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
R v 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.
Distinction between theft & Obtain by deception
In theft the property is obtained without the owner’s permission and title is not passed.
Pecuniary Advantage
economic or monetary advantage
Debt
Means owing money from one person to another
Liability
means a legally enforceable financial obligation to pay, such as the cost of a meal
Ownership (Title)
Oxford dictionary
a right or claim to the ownership of property
Title in deception
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.
