Deception MC

Question 1

Both possession and title will pass on to a bona fide or innocent purchaser when?

Answer 1

The property is bought by a third party from a person who obtained it by deception, before the original owner voids the title.

Question 2

In relation to obtains credit by deception under 240(1)(b) which is incorrect

Answer 2

under the definition of sec 217 it is not sufficient that the accused obtained the extension of credit to another person

Question 3

Define pecuniary advantage (Hayes v R)

Answer 3

A pecuniary advantage is “anything that enhances the accuseds financial position. It is the enhancement that constitutes the advantage”

Question 4

Person can only be charged under sec 249(1) in relation to accessing computer system for dishonest purpose when?

Answer 4

They actually obtain any property, priviledge, service, pecuniary advantage, benefit, valuable consideration or cause loss to any person

Question 5

A senior exec of company, who is acting on behalf of the company commits a series of deceptions which cause other companies to sustain financial losses. Who is liable?

Answer 5

Both the executive and the company as the actions of the exec are said to be the actions and state of mind of the company.

Question 6

What does the term credit mean?

Answer 6

Credit refers to the obligation on the debtor to pay or repay and the time given to do so by the creditor

Question 7

What was held in R v Crooks in relation to knowledge?

Answer 7

The accused may be liable if their conduct amounted to wilful blindness and thus equated to knowledge. (conduct of the accused amounting to putting their head in the sand.)

Question 8

A person can be said to be in control of a thing if?

Answer 8

It is proved the accused did in fact exercise some control over the thing.

Question 9

For propensity evidence to be admissable the ultimate issue is? (R v Sharma)

Answer 9

The ultimate issue is the degree to which the probative value of the evidence outweighs the prejudicial effect.

Question 10

The term valuable consideration means? (Hayes v R)

Answer 10

A valuable consideration is “anything capable of being valuable consideration whether of monetary kind or of any other kind, in short money or moneys worth.

Question 11

Roberts car has been repaired by garage. He can’t afford to pay before getting the car back. Knowing that he has no money in his account he writes a cheque and receives the car back. Has he committed an offence?

Answer 11

Yes he has obtained by deception as the garage has a special interest in the property.

Question 12

Claim of right in relation to any act means?

Answer 12

A belief at the time of the act in a possessory of proprietary right in the property.

Question 13

To prove a charge under 220(1) theft by person in special relationship it is necessary to prove the person knew they had to

Answer 13

Account to any other person for the property or for any proceeds arising from the property.

Question 14

R v Morley discussed the matter of loss in relation to causing loss by deception - 240(1)(d). Which statement best describes what was held

Answer 14

The prosecution must prove that the loss alleged by the victim was induced by or caused in reliance upon the deception

Question 15

Brown checked into a motel and on checking in offered to pay. He was told to pay in the morning. He left without checking out or paying. What is his liability?

Answer 15

Nil. R v Mckay - On appeal it was held that the credit had been obtained on booking in, but at that time the accused did not possess the intent to deceive

Question 16

For a charge under 240(1)(b) obtain credit by deception the obligation to pay means?

Answer 16

The obligation to pay must be a legally enforceable one

Question 17

A fraudulent device, trick or strategem used with intent to deceive any person must be?

Answer 17

Fraudulent, meaning dishonest in the traditional sense

Question 18

False documents includes a document of which the whole or any material part purports to be made:

Answer 18

by a person who did not authorise it’s making or by a fictitious person

Question 19

The serious fraud office investigates serious or complex fraud compaints. An investigator from this office may only make an arrest of a fraud suspect when?

Answer 19

Under no circumstances. investigator does not have powers to arrest

Question 20

What was held in R v Harney?

Answer 20

Recklesness involves foresight of dangerous consequences that could well happen and an intention to continue the course of conduct regardless of that risk.

Question 21

John buys property with valueless chq on Tues and sells it to Mike at pawn shop on Wed. Mike sells it to Jane on Wed.
On Thurs chq is dishonoured and Police are informed. Who will have title to and possession of the property?

Answer 21

Jane. Title was passed to her when purchased and voided after her genuine purchase.

Question 22

What was held in R v Misic?

Answer 22

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

Question 23

How can title be voided?

Answer 23

By communicating with the person.
Taking all reasonable steps to bring it to their attention, eg letter, phone call, text, email

By advising the Police that item was obatined by fraud

Question 24

How can title be voided?

Answer 24

By communicating with the person.
Taking all reasonable steps to bring it to their attention, eg letter, phone call, text, email

By advising the Police that item was obtained by fraud

Question 25

A person who has property on hire purchase has?

Answer 25

Possession only. title passes on full payment for the goods.

Question 26

What is required to prove the inducement?

Answer 26

That the false representationwas believed and that it was a consequence of that belief that the parted with his money

Question 27

What is an example of valuable consideration?

Answer 27

• monetary payment in return for goods and services
• goods given in return for services provided
• issuing a false invoice to receive payment for goods never supplied.

Question 28

john finds a gym membership card. He uses it to get into the pools without paying. what is the offence and what has he obtained?

Answer 28

Uses a document.

Pecuniary advantage

Question 29

When is title obtained?

Answer 29

A theif never gets title, but a person who by deception or deceit induces another to hand the good over with the intention that title will pass, does get title, however this title will be voidable.

Question 30

Credit to a third party?

Answer 30

Under the extended definition of obtain under sec 217, it will be sufficient that defendant obtained the extension of credit to another person.

eg. obtaining money on loan
extending overdraft facilities
renting or leasing a dwelling