Deception Module - Progress Tests Flashcards
What are three examples of valuable consideration?
- Monetary payment in return for goods or services
- Goods given in return for services provided
- Issuing a false invoice to receive payment for goods never supplied
What are the 4 components regarding the nature of belief required?
- The belief must be a belief in a proprietary or possessory right in property
- The belief must be about rights to the ‘property in relation to which the offence is alleged to have been committed’
- The belief must be held at the time of the conduct alleged to constitute the offence
- The belief must be actually held by the defendant
What three things must be proven regarding deception?
- There was an intent to deceive
- There was a representation by the defendant
- The representation was false; and that the defendant either:
- Knew it to be false in a material particular OR
- Was reckless whether it was false in a material particular
What is an example of ‘orally’?
Verbally claiming to own goods that are in fact subject to a hire purchase agreement. (R v Caslin).
What is an example of ‘by conduct’?
Representing oneself to be a collector for charity by appearing to be carrying an official collection bag. (R v Barnard).
What is an example of ‘documentary’?
Presenting a false certificate of qualification or completing a valueless cheque on an account in which there are no funds knowing the cheque will not be honoured.
What is continuing effect?
In many cases a representation by words or conduct may have a continuing effect e.g. entering a restaurant and ordering dinner (normal process and implies paying) but decides to avoid payment and the continuing representation becomes false.
As a general rule, silence or non-disclosure will not be regarded as a representation. What is an example of an exception to this?
Label swapping (Police v Dronjak).
What is a special interest lien?
In general terms, a lien is a right over another’s property to protect a debt charged on that property e.g. a mechanic placing a lien over a vehicle until payment of the debt is made.
What are 4 examples of pecuniary advantage?
- Cash from stolen goods
- Clothing or cash obtained by a credit or EFTPOS card
- A discount (by using a student ID card)
- Avoiding or deferring payment of a debt
What is a defence to debt or liability within s240(1)(b)?
The debt or liability must be legally enforceable. This means that if the contract is void or illegal, there will be no offence.
What are 3 examples of situations where ‘credit’ may be obtained?
- Obtaining money on loan
- Extending existing overdraft facilities
- Renting or leasing a dwelling
When gaining proof of inducement, what 2 things must be proven on the part of the victim?
- That the false representation was believed, and
- That it was the consequence of that belief that the victim parted with his or her money
What is required to be proved under s240(1)(d)?
- The loss was caused by a deception
- It was reasonably foreseeable some more than trivial loss would occur, but
- Need not prove the loss was intentionally caused
What is the punishment of obtaining by deception or causing loss by deception under s241?
(a) Exceeds $1,000 – 7 years
(b) Exceeds $500 but does not exceed $1,000 – 1 year
(c) Does not exceed $500 – 3 months
What is outlined in s43(1) of the Evidence Act 2006?
Propensity evidence offered by prosecution about defendants.
The prosecution may offer propensity evidence about a defendant in a criminal proceeding only if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.
Under s43(2), what MUST the Judge consider when assessing the probative value of propensity evidence?
The nature of the issue in dispute.
Under s 43(3), what MAY the Judge consider when assessing the probative value of propensity evidence?
- The frequency with which the acts, omissions, events, or circumstances which are the subject of the evidence have occurred
- The connection in time OR the extent of the similarity between the AOEC which are the subject of the evidence and the AOEC which constitute the offence for which the defendant is being tried
- The number of persons making allegations against the defendant that are the same as, or are similar to, the subject of the offence for which the defendant is being tried
- Whether the allegations described above may be the result of collusion or suggestibility
- The extent to which the AOEC which are the subject of the evidence and the AOEC which constitute the offence for which the defendant is being tried are unusual.