Deception (legislation) Flashcards
Section 228(1) Crimes Act 1961 - what is the title?
Dishonestly taking or using a document
Section 228(1) Crimes Act 1961 - what are the elements?
Everyone who
With intent to obtain
Any property, service, pecuniary advantage or valuable consideration
Dishonestly
And without claim of right
(a) Takes or obtains any document
(b) Uses or attempts to use any document
Section 240(1) Crimes Act 1961 - What is the title?
Obtaining by deception or causing loss by deception
Section 240(1)(a) Crimes Act 1961 - What are the elements?
- Everyone who
- By any deception and
- 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
Section 240(1)(b) Crimes Act 1961 - What are the elements?
- Everyone who
- By any deception and
- Without claim of right
- In incurring any debt or liability
- Obtains credit
Section 240(1)(c) Crimes Act 1961 - What are the elements?
- Everyone who
- By any deception and
- 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
Section 240(1)(d) Crimes Act 1961 - What are the elements?
- Everyone who
- By any deception and
- Without claim of right
- Causes loss to any other person
What is the Act and Section for obtaining property by deception ?
Section 240(1)(a) Crimes Act 1961
What is the Act and Section for obtaining credit by deception?
Section 240(1)(b) Crimes Act 1961
What is the Act and Section for altering documents capable of deriving a pecuniary advantage?
Section 240(1)(c) Crimes Act 1961
What is the Act and Section for causing loss by deception?
Section 240(1)(d) Crimes Act 1961
What act and Section covers the penalty for Deception offences?
Section 241 Crimes Act 1961
Section 220 Crimes Act 1961 - What is the title?
Theft by person in special relationship
Section 220(1) Crimes Act 1961 - What are the elements?
- Every person
- Who has received or is in possession of, or has control over
- Any property in terms or in circumstances that the person knows require
(a) To account to any other person for the property, or for any proceeds arising from the property; or
(b) To deal with the property, or any proceeds arising from the property, in accordance with the requirements of another person - Commits theft who
- Intentionally fails to account to the other person so as required OR
- Intentionally deals with the property OR any proceeds of the property otherwise than in accordance with those requirements
Section 256(1) Crimes Act 1961 - What is the title?
Forgery
Section 256(1) Crimes Act 1961 - What are the elements?
- Everyone who
- Makes a false document
- With intention of using it to obtain any Property, Privilege, Service, Benefit, Pecuniary Advantage or Valuable Consideration
Section 257(1) Crimes Act 1961 - What is the title?
Using forged documents
Section 257(1) Crimes Act 1961 - What are the elements ?
- Everyone who
- Knowing a document to be forged
(a) Uses the document to obtain any Property, Privilege, Pecuniary Advantage or Valuable Consideration
(b) Uses, deals with, or acts upon the document as it were genuine
(c) Causes any other person to use, deal with or act upon it as if it were genuine
Section 258 Crimes Act 1961 - What is the title?
Altering, concealing, destroying or reproducing documents with intent to deceive
Section 258(1) Crimes Act 1961 - What are the elements?
- Everyone who
- With intent to obtain by deception
- Any Property, Privilege, Pecuniary Advantage or Valuable Consideration OR to cause loss to any person
(a) Alters, Conceals, or destroyed any document, or causes any document to be altered, concealed or destroyed
(b) Makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document
Section 259 Crimes Act 1961 - What is the title?
Using altered or reproduced document with intent to deceive
Section 259 Crimes Act 1961 - What are the elements?
- Everyone who
- Knowing any document to have been made or altered in the manner and with intent in S258
- With intent to obtain by deception
- Any property, Privilege, Pecuniary Advantage, Service, Benefit, Valuable Consideration or to cause loss to any person
(a) uses, or deals with, or acts upon, the document
(b) Causes any person to use or deal with, or act upon, the document
Section 249 Crimes Act 1961 - What is the title?
Accessing a computer system for dishonest purpose
Section 249(1) Crimes Act 1961 - What are the elements?
- Everyone who
- Directly or indirectly
- Accesses any computer system and thereby
- Dishonestly or by deception and Without Claim of Right
(a) Obtains any Property, Privilege, Pecuniary Advantage, Service, Benefit or Valuable Consideration OR
(b) Causes loss to any other person
Section 249(2) Crimes Act 1961 - What are the elements?
- Everyone who
- Directly or indirectly
- Accesses any computer system, with intent
- Dishonestly or by deception and without claim of right
(a) To obtain any Property, Privilege, Pecuniary Advantage, Service, Benefit or Valuable Consideration OR
(b) Cause loss to any other person
Section 250 Crimes Act 1961 - What is the title?
Damaging or interfering with a computer system
Section 250(1) Crimes Act 1961 - What are the elements ?
- Everyone who
- Intentionally or Recklessly
- Destroys, Damages or Alters
- Any computer system
- If he or she knows or ought to know that danger to life is likely to result
Section 250(2) Crimes Act 1961 - What are the elements?
- Everyone who
- Intentionally and recklessly
- And without authorisation
- Knowing that he or she is not authorised OR being reckless as to whether or not he or she is authorised
(a) Damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system
(b) Causes any data or software in any computer system to be damaged, deleted, modified or otherwise interfered with or impaired, or
(c) Causes any computer system to
(i) Fail or
(ii) Deny service to any authorised users
Section 252 Crimes Act 1961 - What is the title?
Accessing computer system without authorisation
Section 252(1) Crimes Act 1961 - What are the elements?
- Everyone who
- Intentionally accesses, directly or indirectly, any computer system
- Without authorisation
- Knowing that he or she is not authorised to access that computer system OR Being reckless as to whether or not he or she is authorised to access that computer system
