Deception Liabilities Flashcards
Takes or Obtains a Document
Section, Act, Imprisonment
Ingredients
Takes or Obtains a Document
Section 228(a) Crimes Act 1961
7 years Imprisonment
Ingredients
With intent to obtain any Property, service,Pecuniary Advantage or valuable consideration
Dishonestly
And without claim of right
Takes or obtains any document
Takes or Obtains a Document
Section 228(a) Crimes Act 1961
7 years Imprisonment
List the Ingredients along with titles of definitions and case law
Takes or Obtains a Document
Section 228(a) Crimes Act 1961
7 years Imprisonment
Ingredients
With intent to obtain any Property, service,Pecuniary Advantage or valuable consideration
Intent
R v Mohan
R v Waaka
Obtain - S.217 Crimes act 1961
Property - S.2 Crimes act 1961
Privilege or benefit - Sprecial right or advantage
Service
Pecuniary Advantage - Hayes v R
Valuable Consideration - Hayes v R
Dishonestly
Dishonestly - S.217, Crimes Act 1961
And without claim of right
Claim of right - S.2 Crimes Act 1961
Takes or Obtains any Document
Takes - S.219(4) Crimes Act 1961
Obtains - S.217 Crimes Act 1961
Document - S.217 Crimes Act 1961
R v Misic
Uses or attempts to use a document, 228(a)
Discuss Intent in
With intent to obtain
any Property, service,
Pecuniary Advantage or
valuable consideration
Intent
A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it
R v Mohan
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
What is the defination for Obtain
Obtain
Sec. 217, Crimes Act 1961
Obtain, in relation to any person, means obtain or retain for himself or
herself or for any other person.
Whats the defination for Property
Property
Sec. 2, Crimes Act 1961
Property includes 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.
Discuss the definition and case law for Pecuniary Advantage
Pecuniary advantage -
‘economic or monetary 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.”
What is the case law definition for 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”.
What is the Definition for Dishonestly + section
Dishonestly
Sec. 217, Crimes Act 1961
In relation to an act or omission, means 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.
What does case law Hayes v R state in relation to Dishonestly
Hayes v R
The question is whether the belief is actually held, not whether that belief is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held:
What is the Definition of Claim of right
Claim of Right
Sec. 2 Crimes Act 1961
In relation to any act, means 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, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed
Define Takes in Takes or obtains any document
Takes
Sec. 219(4), Crimes Act 1961
For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.
In Takes or obtains any document define Obtains
Obtains
Sec. 217 Crimes Act 1961
To obtain or retain for themselves or another person
What is the definition of a Document
Document
Sec. 217 Crimes Act 1961
Includes part of a document in any form, and includes:
• Paper/material containing anything that can be read
• Photos, negatives and related items
• Discs, tapes, cards or other devices/equipment on which
information is stored and can be reproduced
Discuss the case law R v Misic in relation to the ingredient takes or obtains a document
R v Misic
“Essentially a document is a thing which provides evidence or
information or serves as a record.”
Uses/Attempts to use a Document
Section, Act, Imprisonment
Ingredients
Uses/Attempts to use a Document
Section 228(b), Crimes Act 1961
7 years imprisonment
Ingredients
With intent to obtain any Property, service, Pecuniary Advantage or valuable consideration
Dishonestly
And without claim of right
Uses
or
attempts to use any document
Uses/Attempts to use a Document
Section 228(b), Crimes Act 1961
7 years imprisonment
List the Ingredients along with titles of definitions and case law
Uses/Attempts to use a Document
Section 228(b), Crimes Act 1961
7 years imprisonment
Ingredients
With intent to obtain any Property, service, Pecuniary Advantage or valuable consideration
Intent
R v Mohan
R v Waaka
R v Morley
Obtain - S.217 Crimes act 1961
Property - S.2 Crimes act 1961
Privilege or benefit - Sprecial right or advantage
Service
Pecuniary Advantage - Hayes v R
Valuable Consideration - Hayes v R
Dishonestly
Dishonestly - S.217 Crimes Act 1961
And without claim of right
Claim of Right - S.2 Crimes Act 1961
_Uses
or
attempts to use any document_
Uses or attempts to use
Hayes v R
Document - S.217 Crimes Act 1961
R v Misic
Obtaining by Deception
Section, Act, Imprisonment
Ingredients
OBTAINING BY DECEPTION
Section 240(1)(a) Crimes Act 1961
3 months/ 1 / 7 years Imprisonment
Ingredients
By any deception
Without Claim of Right
Obtains Possession of
or
control over any property
or
any privilege, service, pecuniary advantage,
or
benefit
or
Valuable consideration
OBTAINING BY DECEPTION
Section 240(1)(a) Crimes Act 1961
3 months/ 1 / 7 years Imprisonment
List the Ingredients along with titles of definitions and case law
OBTAINING BY DECEPTION
Section 240(1)(a) Crimes Act 1961
3 months/ 1 / 7 years Imprisonment
Ingredients
By any deception
Deception - S.240(2) Crimes Aact 1961
False Representation
Intent to Deceive
R v Morley
R v Laverty
Without Claim of Right
Claim of right - S.2 Crimes act 1961
Obtains Possession of
Obtains - S.217 Crimes act 1961
Possession
Actual Possession
Ideal Possession ( actual)
Constructive possession
or
control over any property
Property - S.2 Crimes act 1961
or
any privilege, service, pecuniary advantage,
Privilege or benefit - special right or advantage
service
Hayes v R - Pecuniary advantage
or
benefit
or
Valuable consideration
Hayes v R - Valuable consideration
Obtaining by deception s240(1)(a)
ingredient By any deception
Define Deception
Deception
- *Section 240(2) Crimes Act 1961**
(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and —
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular;
(b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c) a fraudulent device, trick, or stratagem used with intent to deceive any person.
Obtaining by deception s240(1)(a)
Ingredient By any Deception
Define False Representation
False Representation
- Must be false and the defendant must know or believe that it is false in a material particular , or
- Be reckless whether it is false
Absolute certainty is not required and wilful blindness as to the falsity
of the statement will suffice
Obtaining by deception s240(1)(a)
Ingredient By any Deception
Define intent to deceive
Intent to Deceive
Offender must know representation is false and intend the other
person to act upon it as genuine.
Obtaining by deception s240(1)(a)
Ingredient By any Deception
Define the case law R v Morley
R v Morley
The intention to deceive requires that the deception be practiced in order to deceive the affected party. Purposeful intent must exist at the time of the deception
Obtaining by deception s240(1)(a)
Ingredient By any Deception
Define the case law R v Laverty
R v Laverty
It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made
Obtaining by deception s240(1)(a)
Discuss the Ingredient possession in,
Obtains Possession of or control over any property or any privilege, service, pecuniary advantage, or benefit or Valuable consideration
Possession
May be actual or constructive
Actual Possession
Warner v Metropolitan Police Commissioner
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.
Ideal possession is:
- Complete physical control
- Knowledge of existence/situation/qualities
