Dhoka More Cards

Question 1

R v Laverty

Answer 1

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

Question 2

Proof of inducement

Answer 2

1. The false representation was believed.

2. It was the consequence of that belief that the victim parted with his or her money

Question 3

R v McKay - timing of intention to decieve

Answer 3

On appeal it was held that the credit had been obtained on booking but at that time the accused did not possess an intent to deceive

Question 4

Hayes v R - use of document

Answer 4

An unsuccessful use of a document is as much used as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use, not to the ultimate obtaining of a pecuniary advantage. Which is not a necessary element of the offence. Because the use does not have to be successful it may be difficult to draw a clear line between use and attempted use.

Question 5

R v Misic

Answer 5

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

Question 6

Hayes v R - dishonestly Belief held

Answer 6

The question is whether the belief is actually held not whether the believe is reasonable. However, reasonableness may be relevant as evidence on the issue of whether the belief was actually held.

Question 7

Dishonestly - definition

Answer 7

Dishonestly in relation to an act or omission, means done or omitted without a belief that there was expressed or implied consent or, authority for, the act or omission from a person entitled to give such consent or authority.

Question 8

When is dishonestly belief held?

Answer 8

1. That the act or omission was expressly or impliedly consented to by a person entitled to give consent.
2. The act or omission was authorised by a person entitled to authorise it.

Question 9

Hayes v R - Pecuniary Advantage

Answer 9

A pecuniary advantage is anything that enhance the accused’s financial position. It is that enhancement which constitute the element of advantage

Question 10

Obtain - definition

Answer 10

Obtain in relation to any person means obtain or retain for himself or herself or any other person.

Question 11

Hayes v R - Valuable Consideration

Answer 11

Valuable consideration is anything capable of being valuable consideration. Whether of a monetary kind or any other kind and short money or money’s worth.

Question 12

Document - definition

Answer 12

Includes part of a document in any form and includes ;

1. Paper/ material containing anything that can be read.
2. Photos, negatives and related items.
3. Disc, tape, cards or other devices/equipment on which information is stored or can be reproduced.

Question 13

Deception - definition

Answer 13

A false representation whether oral, documentary or by conduct where the person making the representation intends to deceive any other person and;

• knows that it is false in a material particular
• 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.
(c) A fraudulent device, trick or stratagem used with intent to deceive any person

Question 14

False representation - definition

Answer 14

1. Must be false and defendant must know or believe that it is false in material particular.
2. Be reckless whether it is false

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

Question 15

1. Possession - definition

2. Actual possession - definition

Answer 15

1. May be actual or constructive
2. 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

Question 16

Ideal possession

Answer 16

1. Complete physical control

2. Knowledge of existence /situation/qualities

Question 17

Constructive possession

Answer 17

Constructive possession arises when something is not in a person’s physical custody but they have ready access to it or can exercise control over it

Question 18

Privilege or benefit - definition

Answer 18

Special right or advantage

Question 19

Loss - definition

Answer 19

Is likely to include financial and property losses and may also encompass emotional cultural and intellectual losses.

Question 20

Person /owner - definition

Answer 20

Person, owner and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether Incorporated or not and the inhabitants of the district of any local authority in relation to such acts and things as it or they are capable of doing or owning

Question 21

Cara - service

Answer 21

Service is limited to financial or economic value, excludes privilege or benefit

Question 22

How is the term representation interpreted by court. State relevant case law

Answer 22

Not defined in CA. Examples have included representation about a past or present fact, about a future event or about an existing intention, opinion, belief, knowledge or state of mind it must be capable of being false as so it must contain a proposition affect. Simester and brookbanks.

Question 23

State your understanding in relation to the term false in material particular.

Answer 23

The prosecution must establish either that the defendant know or believe the presentation is false in a material particular or is Reckless whether it is false. A minor detail may amount to a material particular if it is of consequence to the facts of the case. The question of materiality will be assessed objectively. Material Particular is not defined in CA and can be given his usual meaning of an important, essential or relevant details or item.

Question 24

The term computer system is defined in s248 of the Crimes Act 1961. State the definition

Answer 24

computer system means:

(i) A computer; or
(ii) 2 or more interconnected computers; or
(iii) Any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
(b) includes any part of the items described in paragraph (a) and all related input

Question 25

Propensity evidence may be relevant in some deception cases. When may evidence of propensity be called in cases of deception

Answer 25

whether on previous or later occasions to the offence charged, is admissible in cases of deception where there is a sufficiently strong connection between the offences.

Question 26

R v Harney in relation to recklessness

Answer 26

“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”

Question 27

Ways of Forgery

Answer 27

1. insertions
2. Deletions
3. Additions
4. Erasures