Deception Flashcards
Section 228 (1) (a) Crimes Act 1961
Dishonestly taking or using a document
Dishonestly Without claim of right Takes or Obtains Any document With intent to obtain any
Property
Service
Pecuniary advantage
Valuable consideration
Section 228 (1) (b) CA1961
Dishonestly uses a document
Dishonestly Without claim of right Uses OR attempts to use Any document With intent to obtain any
Property
Service
Pecuniary advantage
Valuable consideration
Section 240 (1) (a) CA 1961
Obtaining by deception
By any deception
Without claim of right
Obtains
- Ownership
- Possession
- Control over
Any property, OR any privilege, service, pecuniary advantage, benefit, or valuable consideration
Directly or indirectly
Section 240 (1) (b) CA1961
By any deception..
Without claim of right
In incurring any debt OR liability
Obtains credit
Section 240(1) (c), CA 1961
By any deception
Without claim of right
Induced or causes any other person to
- deliver over
- execute
- make
- accept
- endorse
- destroy
- alter
Any document or thing capable of being used to derive a pecuniary advantage
Section 240 (1) (d) CA1961
By any deception
Without claim of right
Causes loss to any other person
Obtain - Defintion
In relation to any person , means brain or retain for himself or herself or for any other person .
R v HAYES (use- any use of a document is a use, there cannot be a n attempt to use.
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.
What must the prosecution prove in relation to ‘guilty knowledge’?
The prosecution must prove that the defendant KNEW that the representation was false in a material particular or was reckless as to its falsity absolute certainty is not required
Outline ‘concept of title’..
A right or claim to ownership of property. A legal right to the property.
Your right to title is only as good as the person from whom you obtained it.
- a thief never gets title
- a person who, by deception, induced another to hand over the goods with the intention that the title should pass does get legal title (with limitations).
What is voidable title.?
A title obtained by deception ,fraud , duress or misrepresentation is called a voidable title.
This means that the title can be AVOIDED by the seller.
Thus, if an innocent purchaser buys goods obtained by deception, before title has been avoided, then he or she is entitled to good title.
Until the title is avoided, the defrauded has a voidable title, and can confer good title on anyone who acquires the goods from him or her in good faith and for value.
Define credit
Credit-
Refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor.
Credit does not extend to an obligation to supply services or goods.
How can u void title?
Communicate directly with the fraudster
Advise police before goods sold
Take all possible steps to contact fraudster
Outline difference in what needs to be proved between obtaining by deception s 240 (1) (a)
And Uses a Document 228 (1) (b)
DECEPTION
there was an intent to deceive
There was a representation by the defendant
The representation was false and that the defendant knew it was false OR was reckless and the victim was deceived.
USES A DOCUMENT
used or attempted to use a document and had intent to obtain PSVP
What was held in R v MORLEY in relation to the intent to deceive?
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.
