DECEPTION

Question 1

Liability: DISHONESTLY TAKES A DOCUMENT

Answer 1

S228(1)(a) Crimes Act 1961

Dishonestly
Without claim of right
Takes or obtains
Any document
With intent to obtain any
Property or
Service or
Pecuniary advantage or
Valuable consideration

Question 2

DISHONESTLY *

Answer 2

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 3

CLAIM OF RIGHT *

Answer 3

S2 Crimes Act 1961
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.

Question 4

TAKES *

Answer 4

For the purposes of this statute can be read with the same definition as theft.

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

Question 5

WHAT MUST COINCIDE WITH THE TAKING OF THE DOCUMENT? (S228) *

Answer 5

The intent to use the document dishonestly must be contemporaneous with taking it.

Question 6

OBTAIN *

Answer 6

To obtain or retain for himself or herself or for any other person

Question 7

HAYES V R (use)

Answer 7

An unsuccessful use of a document is as much uses 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 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”

Question 8

R v MISIC *

Answer 8

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

Question 9

DOCUMENT *

Answer 9

S217 Crimes Act 1961

• any paper or other material that is marked and is capable of being read
• any photograph/negative/microfilm
• any disc, tape, wire, soundtrack, card or other device on which information, sounds and other data are stored and that is capable of being reproduced
• any material by which information is supplied to any device
• any material derived from information recorded or stored or processed by any device used for recording/storing/processing information

Question 10

PROPERTY *

Answer 10

S2 Crimes Act 1961
Real and personal property and any estate or interest in any real or personal property [money, electricity] and any debt and any thing in action and any other right or interest.

Question 11

SERVICE *

Answer 11

R v CARA

Service is limited to financial or economic value and excludes privileges or benefits.

Question 12

PECUNIARY ADVANTAGE *

Answer 12

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

Question 13

VALUABLE CONSIDERATION *

Answer 13

HAYES v R
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 14

Liability: DISHONESTLY USES A DOCUMENT

Answer 14

S228(1)(b) Crimes Act 1961

Dishonestly
Without claim of right
Uses or attempts to use
Any document
With intent to obtain any
Property or
Service or
Pecuniary advantage or
Valuable consideration

Question 15

Liability: OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION (obtains)

Answer 15

S240(1)(a) Crimes Act 1961

By any deception
Without claim of right
Obtains
Ownership or
Possession of or
Control over
Any property
Any privilege
Service
Pecuniary advantage
Benefit
Valuable consideration
Directly or indirectly

Question 16

DECEPTION *

Answer 16

A false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and
- knows it is false in a material particular or
- is reckless as to whether it is false in a material particular or
An omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it or
A fraudulent device, trick or stratagem used with intent to deceive any person

Question 17

Liability: OBTAINS BY DECEPTION OR CAUSING LOSS BY DECEPTION (incurs debt)

Answer 17

S240(1)(b) Crimes Act 1961

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

Question 18

Liability: OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION (loss)

Answer 18

S240(1)(d) Crimes Act 1961

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

Question 19

R v MORLEY

Answer 19

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 20

OBTAINS (deception)

Answer 20

Goods are obtained if they come under the defendant’s control even though they may not have physical possession of them.

Property may be obtained if a deception made to one person means the property is then actually obtained from another person provided that the deception operated on the mind of the person giving up the property.

Question 21

CONTROL OVER *

Answer 21

‘The power of directing command’. Ordinary use and the dictionary definition show that a defendant does not need to possess something in order to control it.

Question 22

PRIVILEGE/BENEFIT *

Answer 22

This is not limited to privilege or benefit of a pecuniary nature. Both of these words mean a special right or advantage.

Question 23

DEBT *

Answer 23

Money owing from one person to another

Question 24

LIABILITY *

Answer 24

A legally enforceable financial obligation to pay

eg the cost of a meal

Question 25

CREDIT *

Answer 25

The obligation of the debtor to pay or repay and the time given for them to do so by the creditor.

Credit is intangible. Credit obtained must be in respect of a monetary obligation.