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CIB induction May 2016 > Deception Liabilities > Flashcards

Deception Liabilities Flashcards

1
Q

Takes or Obtains a Document
Section, Act, Imprisonment

Ingredients

A

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

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2
Q

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

A

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

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3
Q

Uses or attempts to use a document, 228(a)

Discuss Intent in

With intent to obtain
any Property, service,
Pecuniary Advantage or
valuable consideration

A

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”.

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4
Q

What is the defination for Obtain

A

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.

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5
Q

Whats the defination for Property

A

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.

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6
Q

Discuss the definition and case law for Pecuniary Advantage

A

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.”

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7
Q

What is the case law definition for Valuable Consideration.

A

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”.

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8
Q

What is the Definition for Dishonestly + section

A

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.

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9
Q

What does case law Hayes v R state in relation to Dishonestly

A

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:

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10
Q

What is the Definition of Claim of right

A

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

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11
Q

Define Takes in Takes or obtains any document

A

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.

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12
Q

In Takes or obtains any document define Obtains

A

Obtains

Sec. 217 Crimes Act 1961​
To obtain or retain for themselves or another person

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13
Q

What is the definition of a Document

A

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

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14
Q

Discuss the case law R v Misic in relation to the ingredient takes or obtains a document

A

R v Misic

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

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15
Q

Uses/Attempts to use a Document

Section, Act, Imprisonment

Ingredients

A

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

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16
Q

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

A

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

17
Q

Obtaining by Deception

Section, Act, Imprisonment

Ingredients

A

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

18
Q

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

A

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

19
Q

Obtaining by deception s240(1)(a)

ingredient By any deception

Define Deception

A

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.
20
Q

Obtaining by deception s240(1)(a)

Ingredient By any Deception

Define False Representation

A

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

21
Q

Obtaining by deception s240(1)(a)

Ingredient By any Deception

Define intent to deceive

A

Intent to Deceive
Offender must know representation is false and intend the other
person to act upon it as genuine.

22
Q

Obtaining by deception s240(1)(a)

Ingredient By any Deception

Define the case law R v Morley

A

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

23
Q

Obtaining by deception s240(1)(a)

Ingredient By any Deception

Define the case law R v Laverty

A

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

24
Q

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

A

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

CIB induction May 2016 (12 decks)

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