DECEPTION Flashcards
Liability: DISHONESTLY TAKES A DOCUMENT
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
DISHONESTLY *
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.
CLAIM OF RIGHT *
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.
TAKES *
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.
WHAT MUST COINCIDE WITH THE TAKING OF THE DOCUMENT? (S228) *
The intent to use the document dishonestly must be contemporaneous with taking it.
OBTAIN *
To obtain or retain for himself or herself or for any other person
HAYES V R (use)
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”
R v MISIC *
Essentially a document is a thing which provides evidence or information or serves as a record.
DOCUMENT *
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
PROPERTY *
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.
SERVICE *
R v CARA
Service is limited to financial or economic value and excludes privileges or benefits.
PECUNIARY ADVANTAGE *
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.
VALUABLE CONSIDERATION *
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’
Liability: DISHONESTLY USES A DOCUMENT
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
Liability: OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION (obtains)
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
DECEPTION *
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
Liability: OBTAINS BY DECEPTION OR CAUSING LOSS BY DECEPTION (incurs debt)
S240(1)(b) Crimes Act 1961
By any deception
Without claim of right
In incurring any debt or liability
Obtains credit
Liability: OBTAINING BY DECEPTION OR CAUSING LOSS BY DECEPTION (loss)
S240(1)(d) Crimes Act 1961
By any deception
Without claim of right
Causes loss to any other person
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.
OBTAINS (deception)
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.
CONTROL OVER *
‘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.
PRIVILEGE/BENEFIT *
This is not limited to privilege or benefit of a pecuniary nature. Both of these words mean a special right or advantage.
DEBT *
Money owing from one person to another
LIABILITY *
A legally enforceable financial obligation to pay
eg the cost of a meal
