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Deception > Definitions > Flashcards

Definitions Flashcards

1
Q

Intent to obtain

Uses a Document / Obtains by Deception

A

Defendant must intend to obtain and must intend to obtain by deception

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2
Q

Obtain

Uses a Document / Obtains by Deception

A

Obtain or retain for himself or herself or for any other person

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3
Q

Property

Uses a Document

A

Includes any real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest

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4
Q

Service

Uses a Document / Obtains by Deception

A

Not defined in Crimes Act.

“Service is limited to financial or economic value and excludes privileges or benefits” (R v Cara)

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5
Q

Pecuniary advantage

Uses a Document / Obtains by Deception

A

“Anything that enhances the accused’s financial position.” (Hayes v R)

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6
Q

Valuable consideration

Uses a Document / Obtains by Deception

A

“Anything capable of being valuable consideration, whether of a monetary kind or of any other kind: in short money or money’s worth” (Hayes v R)

Examples:

  • Monetary payment in returns for goods/services
  • Goods given in return for services provides
  • Issuing a false invoice to receive payment for goods never supplied
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7
Q

Dishonestly

Uses a Document

A

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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8
Q

Claim of right

Uses a Document / Obtains by Deception

A

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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9
Q

Nature of belief required (claim of right)

Uses a Document / Obtains by Deception

A

1) Belief in a proprietary or possessory right in the property
2) Belief must be about the rights to the property in which the offence is alleged to have been committed
3) Belief must be held at the time of the offence
4) Belief must be held by the defendant

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10
Q

Takes / obtains

Uses a Document

A

Theft is committed by a taking when the offender moves the property or causes it to be moved

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11
Q

Document

Uses a Document / Obtains by Deception

A

Short answer: A thing which provides evidence or information or serves as a record.

(a) Any paper or other material used for writing or printing that is marked with matter capable of being read
(b) Any photograph, photographic negative, plate, slide, film, microfilm or any photostatic negative
(c) Any disc, tape, wire, soundtrack, card, or other material or device in or on which information, sounds, or other data are recorded, stored or embodied
(d) Any material by means of which information is supplied to any device used for recording, storing or processing information
(e) Any material derived from information recorded or stored or processed by any device used for recording or storing or processing information

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12
Q

Uses or attempts to use (prosecution must prove)

Uses a Document

A

Prosecution must prove that the offender used (or attempted to use) the document with the intent to obtain the property, service.. etc

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13
Q

Attempts

Uses a Document

A

Having an intent to commit an offence
Does or omits an act
For the purpose of completing his object

(sufficiently proximate)

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14
Q

Deception

Obtains by Deception

A

(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

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15
Q

Representation

Obtains by Deception

A

Not defined.
Examples: past/present/future event, existing intention, opinion, belief, knowledge or other state of mind.

It must be capable of being false so it must contain a proposition of fact.

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16
Q

False representation

Obtains by Deception

A

Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

The representation must be false and the defendant must know or be reckless as to its falsity

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17
Q

False representation - what you must prove (3)

Obtains by Deception

A

(1) There was an intent to deceive
(2) There was a representation by the defendat
(3) That the representation was false, and that the defendant either:
(i) knew it to be false in material particular, or
(ii) was reckless whether it was false in material particular

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18
Q

Intent to deceive

Obtains by Deception

A

The deception must be made or used by the defendant for the purpose of deceiving their victim, or in the knowledge that the victim is virtually certain to be deceived.

No offence is committed unless there is an intent to deceive.

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19
Q

Intent

Obtains by Deception

A

Doing a specific act (actus reus) with intent to achieve a specific result (mens rea)

Orally - words spoken
Conduct - representing oneself to be something they are not
Documentary - presenting a false document

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20
Q

Silence

Obtains by Deception

A

As a general rule, silence or non-disclosure will not be regarded as a false representation.

Exception: where an incorrect understanding is implied from a course of dealing where the defendant has failed to negate that incorrect understanding e.g. “label swapping”

21
Q

Material particular

Obtains by Deception

A

“Important, essential or relevant detail or item”. Something that is relevant or matters.

22
Q

Omission

Obtains by Deception

A

An inaction - not acting. Conscious decision not to do something or not giving thought to the matter at all.

23
Q

Fraudulent device, trick or stratagem etc

Obtains by Deception

A 
Fraudulent = Dishonest in the traditional moral sense
Device = A plan, scheme or trick
Trick = An action or scheme undertaken to fool, outwit or deceive
Stratagem = A cunning plan or scheme especially for deceiving an enemy
24
Q

Privilege or benefit

Obtains by Deception

A

“Special right or advantage”

Not limited to a pecuniary nature.
E.g. using another persons gym facilities, access to medical services

25
Q

Ownership

Obtains by Deception

A

Ownership is synonymous with the concept of title - it is a legal right of ownership

26
Q

Possession

Obtains by Deception

A

Having possession of something without having title (ownership) of it.

E.g. The purchase of goods with a valueless cheque

27
Q

Obtained

Obtains by Deception

A

Goods are obtained if the goods come under their control, even though they may not have physical possession of them.

E.g. an agreement to send an item shall complete a transaction, the “obtaining” is complete at the time of posting

28
Q

Possession

Obtains by Deception

A

Must satisfy both physical and mental element of possession.

Physical = Physical custody or control over the item in question and can be either “actual” or “potential”

Mental = Combination of knowledge that the person possesses the item in question and has an intention to possess the item

29
Q 
Special interest
(Obtains by Deception)
A

If the person from whom the goods were obtained had some special interest in the goods, without having actual ownership of them

30
Q

Special interest lien

Obtains by Deception

A

A lien is a right over another’s property to protect a debt charged on that property. This gives the person a special property or interest in the property.

31
Q

Control

Obtains by Deception

A

To exercise authorative or dominating influence or command over it.

Defendant does not need to possess something in order to control it.

32
Q

Debt

Obtains by Deception 240(1)(b)

A

Money owing from one person to another

Must be legally enforceable

33
Q

Liability

Obtains by Deception 240(1)(b)

A

A legally enforceable financial obligation to pay, such as the cost of a meal

34
Q

Credit

Obtains by Deception 240(1)(b)

A

Obligation on the debtor (person that owes money) to pay or repay, and the time given for them to do so by the creditor

35
Q

Intangible thing - credit

Obtains by Deception 240(1)(b)

A

Credit is an intangible thing. Credit obtained must be in respect of a monetary obligation

36
Q

Induces

Obtains by Deception 240(1)(c)

A

To persuade, bring about or give rise to

37
Q

Causes

Obtains by Deception 240(1)(c)

A

The accused must cause the loss.

The defendant, or an act of the defendant, must be the substantial and operative cause of the delivery, execution (etc) of any document capable of deriving pecuniary advantage

38
Q

Deliver

Obtains by Deception 240(1)(c)

A

To surrender up someone or something

39
Q

Execute

Obtains by Deception 240(1)(c)

A

To put a course of action into effect

40
Q

Endorse

Obtains by Deception 240(1)(c)

A

To write or sign on a document

41
Q

Alter

Obtains by Deception 240(1)(c)

A

To change in character or composition

42
Q

Accept

Obtains by Deception 240(1)(c)

A

To receive something

43
Q

Thing

Obtains by Deception 240(1)(c)

A

Must be capable of being used to derive pecuniary advantage and must be tangible

44
Q

Loss

Obtains by Deception 240(1)(d)

A

Cause financial detriment to the victim.

Loss must be in the nature of a direct loss (not indirect loss, such as loss of a bargain or anticipated future profits)

The person who suffers the loss does not necessarily have to be the person who was deceived.

45
Q

False document

A

Essentially, a document must lie about itself and intend to pass it off as having been written by someone else.

For a document to be forged it must meet the definition of “false” and “document”

46
Q

Material alteration

A

An alteration is material if it increases the value or negotiability of a document

Additions, insertions, deletions etc

47
Q

Definitions in relation to altering/reproducing documents:

Alteration, conceal, destroy, reproduce

A

Alteration = Changed is some manner

Conceal = Hiding of a document, denial of its existence and the withholding of it in the face of a positive duty to produce it.

Destruction = To end the existence of it

Reproduction = Copy, representation, imitation

48
Q

Benefit - in terms of s249(1)(a)

A

Meaning “any advantage”, not necessarily limited to financial or pecuniary advantage

49
Q

Loss - in terms of s249

A

Person who suffers loss does not have to be aware of the loss at the time of the offence

Deception (8 decks)

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