Definitions

Question 1

Obtains

Answer 1

Obtain or retain for himself or any other person.

Question 2

Intent

Answer 2

A deliberate act to get a specific result.

Question 3

Property

Answer 3

Real and personal property (estate, interest in a thing, money, electricity, debt etc).

Question 4

Service

Answer 4

A service is limited to financial or economic value (excludes benefits or privileges)

Question 5

Pecuniary Advantage

Answer 5

Hayes v R - anything that enhances the accused’s financial position.

Question 6

Valuable Consideration

Answer 6

Monetary kind or any other kind. Money or moneys worth. (Money in exchange for goods and services, goods given in return for services etc).

Question 7

Dishonestly

Answer 7

An act or omission done without belief that there was consent or authority for the act from the person entitled to give the consent or authority.

Question 8

Without Claim of Right

Answer 8

Belief at the time of the act in a propriety or possessory right in the property in relation to the offence committed, although that belief may be based on ignorance or mistake.

1. Belief in possessory right to the property.
2. Belief about the right to the property.
3. Belief at the time of the conduct
4. Belief held by the defendant. Reasonableness is not necessary.

Question 9

Document

Answer 9

Paper, photo, disc, tape any material means which information is supplied.

R v Misic

Question 10

Uses or Attempts to Use

Answer 10

Prosecution must prove:

• the offender used or attempted to use the document
• with intent to obtain the property, service etc.

(Hayes v R)

Question 11

By Deception

Answer 11

• A false representation whether oral, written etc with the intention to deceive any other person

AND

• they know the material is false or
• are reckless as to whether it is false
• didn’t disclose material and had an intention to deceive
• fraudulent device, trick or stratagem

Question 12

False representation

Answer 12

You must prove:

1. There was an intention to deceive
2. Representation by the defendant
3. The representation was false
4. The defendant knew it was false or was reckless to whether to it was false

Question 13

Intention to Deceive

Answer 13

No offence is committed unless the false statement, trick etc is used by the defendant for the purpose of deceiving the victim. Reckless also applies - Cameron v R

Question 14

Representation

Answer 14

Can be oral, document etc - R v Morley

Question 15

Continuing representation

Answer 15

Entering a restaurant represents and having dinner follows the normal practice of paying for the meal. If the diner decided to avoid payment the continuing representation will become false.

Question 16

Silence

Answer 16

Label swapping.

Maintaining silence knowing about the mistake and choosing not to make the cashier aware is deception.

Question 17

Knowledge

Answer 17

The prosecution must prove that the defendant knew the representation was false or was reckless as to its falsity.

Knowledge is established by:
- an admission
- circumstances surrounding the event
- propensity evidence

Question 18

Omission

Answer 18

Neglect

Question 19

Fraudulent device

Answer 19

a plan, scheme or trick

Question 20

Privilege or Benefit

Answer 20

A special right or advantage. A non-monetary advantage

Question 21

Ownership

Answer 21

Ownership is title.

Question 22

Possession

Answer 22

A person can have possession but not ownership.

Physical - custody and control over the item

Mental - is knowledge that the person possess the item and intention to possess the item.

Question 23

Control

Answer 23

Authoritative or dominating influence or command over it. Do not have to possess it in order to control it.

Question 24

Special Interest

Answer 24

Garage owner interest in a vehicle they are repairing until it has been paid for.

Question 25

Debt

Answer 25

Money owing from one person to another.

Question 26

Liability

Answer 26

Legally enforceable financial obligation to pay. E.g. cost of a meal

Question 27

Credit

Answer 27

1. Obligation on the debtor to pay or repay
2. Time given for them to do so by the creditor.
3. Must be legally enforceable.
4. Intention to deceive must exist at the time of the deception

Fisher v Raven
R v McKay

Question 28

Continuing Representation

Answer 28

During the course of a meal you decide to avoid payment the continuing representation of an intention to pay will become false.

Question 29

Hire Purchase

Answer 29

Where goods are obtained on hire purchase by false representation the offence is deception.

However if the offender sells the goods the it’s theft by conversion as the offender never receives title.

Question 30

Induces

Answer 30

To persuade or cause someone to do something.

Proved by a false representation to part with his money. (Trapping someone doesn’t count).

R v Laverty

Question 31

Deliver Over

Answer 31

To give something.

Question 32

Execute

Answer 32

To put a course of action into effect.

Question 33

Endorse

Answer 33

To write or sign on a document.

Question 34

Alter

Answer 34

To change in character or composition.

Question 35

Accept

Answer 35

To recieve something

Question 36

Loss

Answer 36

Direct loss - financial detriment to the victim.

Prove:
D - loss was cause by deception
R - reasonably foreseeable more then trivial loss
I - loss was intentionally caused
P - loss to another person

Question 37

Person

Answer 37

Person, owner, crown, public body, local authority etc.

A person is generally accepted by judicial notice or proved by circumstantial evidence.

Question 38

Theft by conversion

Answer 38

Deception is committed where goods are obtained on hire by false representation.

If they on sell then they commit theft by conversion.

Question 39

Trick

Answer 39

An action or scheme undertaken to fool, outwit or deceive

Question 40

Stratagem

Answer 40

Plan or scheme especially for deceiving an enemy