DECEPTION - Legislation Flashcards
TAKING/OBTAINING A DOCUMENT (a)
TAKING/OBTAINING A DOCUMENT s228(a) Crimes Act 1961 - PENALTY 7 years
- With intent
R v MOHAN
R v WAAKA
R V MORLEY
- to obtain
- any Property OR Service OR Pecuniary Advantage OR Valuable Consideration
R v HAYES x 2
- Dishonestly
- And without claim of right
- Takes OR Obtains
- a document
R V MISIC
USES/ATTEMPTS TO USE A DOCUMENT (b)
USES/ATTEMPTS TO USE A DOCUMENT s228(b) Crimes Act 1961 - PENALTY 7 years
- With intent
R v MOHAN
R v WAAKA
R V MORLEY
- To obtain
- Any Property OR Service OR Pecuniary Advantage OR Valuable Consideration
R v HAYES x 2
- Dishonestly
- And without claim of right
- Uses OR Attempts to use
- Any document
R V MISIC
TAKING/OBTAINING/USED/DEALT WITH (a)
TAKING/OBTAINING/USED/DEALT WITH
s228(2)(a) - 3 Years
Without reasonable Excuse
- Sells, transfers or otherwise makes available
Knowing that the document was -
- Dishonestly and without claim of right
Taken, obtained or used
TAKING/OBTAINING/USED/DEALT WITH (b)
DECEPTION - s228(2)(b) - 3 Years
Without reasonable Excuse
- Sells, transfers or otherwise makes available
Knowing that the document was -
- Dealt with in a manner specified in paragraph 1
With intent to
- Obtain any property, pecuniary advanatge, serice or valuable consideration.
s228A Crimes Act 1961
s228A Crimes Act 1961 - 3 Years
Designing, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty
Every person is liable to imprisonment for a term not exceeding 3 years who
- Designs, manufactures, or adapts goods
- With intent to facilitate
- The commission of a crime involving dishonesty.
s228B Crimes Act 1961
s228B Crimes Act 1961 - 3 Years
Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty
Every person is liable to imprisonment for a term not exceeding 3 years who,
- Without lawful authority or excuse,
- Possesses, sells, or disposes of any goods
- Designed, manufactured, or adapted
- To facilitate the commission of a crime involving
- Dishonesty,
- With intent to use, or to enable another person to use, the goods,
- To facilitate the commission of a crime involving dishonesty.
s228C Crimes Act 1961
s228C Crimes Act 1961 - 3 Years
Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences
Every person is liable to imprisonment for a term not exceeding 3 years who,
- Without lawful authority or excuse,
- Possesses
- Any goods capable of being used
- To facilitate the commission of a crime involving dishonesty
- (other than those specified used to facilitate the commission of that offence).
DECEPTION - (1)(a)
DECEPTION - s240(1)(a) C.A.61 - PENALTY 7 years, 1 year, 3 mth
- By any deception
R V MORLEY
- And without claim of right
- Obtains ownership OR possession of OR control over
WARNER v MET POL COMMISSIONER
SULLIVAN V EARL OF CAITHNESS
- Any Property OR Any Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable Consideration
R V HAYES x 2
DECEPTION - (1)(b)
DECEPTION - s240(1)(b) C.A.61 - PENALTY 7 years, 1 year, 3 mth
- By any deception
R V MORLEY
- And without claim of right
- In incurring any debt OR Liability
- Obtains Credit
FISHER V RAVEN
R V MCKAY
DECEPTION - (1)(c)
DECEPTION - s240(1)(c) C.A.61 - PENALTY 7 years, 1 year, 3 mth
- By any deception
R V MORLEY
- And without claim of right
- Induces OR causes any other person to
- Deliver over OR execute OR make OR accept OR endorse OR destroy OR alter
- Any document or thing
- Capable of being used to
- Derive a pecuniary advantage
DECEPTION - (1)(d)
DECEPTION - s240(1)(d) C.A.61 - PENALTY 7 years, 1 year, 3 mth
- By any deception
R V MORLEY
- And without claim of right
- Causes Loss to any person
R V MORLEY
OBTAINING BY DECEPTION - (1A)
OBTAINING BY DECEPTION - 240(1A) CA 61 - 3YRS
Without reasonable excuse
Sells, transfers, or otherwise makes available
Any document or thing capable of being used to
Derive a pecuniary advantage
Knowing that, by deception
And without claim of right
The document or thing was caused to be
Delivered, executed, made, endorsed or altered
