dishonesty definitions

Question 1

Dishonestly

Answer 1

Acting without a belief that there was expressed or implied consent from a person in a position to give such consent or authority.

Question 2

Claim of right

Answer 2

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.

It must exist at the time the offence is commtted and must relate to property that the offence relates to.

It must be honest and genuine.

That belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offender is alleged to have been committed.

Question 3

Takes

Answer 3

Moves the property or causes it to be moved

Question 4

Use

Answer 4

To use in any way

Question 5

Obtain

Answer 5

To obtain or retain for himself or herself or for any other person.

Question 6

Attempts

Answer 6

In having an intent to commit an offence;

Does or omits an act for the purpose of accomplishing his object;

Whether in the circumstances it was possible to commit the offence or not.

Question 7

Document

Answer 7

R v Misic - a document is a thing which contains evidence or information or serves as a record.

S217 CA - a document, or part of a document, in any form.

Question 8

Property

Answer 8

Property includes any real and personal property, and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.

Question 9

Privilage/Benefit

Answer 9

A special right or advantage

Question 10

What is the required factor with regard to deception of an offender’s ‘intent to obtain’?

Answer 10

They must intend to obtain BY the deception.

Question 11

What is false representation?

Answer 11

The representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice.

Question 12

What are the three points that are required to be proved with regard to deception?

Answer 12

1. That there was an intent to deceive
2. That there was a representation by the defendant
3. That 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.

Question 13

What is an example of false representation orally?

Answer 13

Verbally claiming to own goods that are in fact subject to a hire purchase agreement.

Question 14

What is an example of false representation by conduct?

Answer 14

Representing oneself to be a collector for charity by appearing to be carrying an official collection bag.

Question 15

What is an example of documentary false representation?

Answer 15

Presenting a false certificate or qualification, or completing a valueless cheque on an account in which there are no funds knowing that the cheque will not be honoured.

Question 16

Is silence or non-disclosure regarded as a representation? Are there any exceptions to this? Case law?

Answer 16

Generally not, however there can be exceptions, such as in R v Dronjak or Rao v Police.

Question 17

In what three ways can knowledge of a false pretence be established?

Answer 17

1. An admission 2. Implication from the circumstances surrounding the event 3. Propensity evidence

Question 18

When discussing a ‘privilege’ or ‘benefit’, are they limited to those of a pecuniary nature? Examples?

Answer 18

No. Some examples could be:

• Using another person’s gym card to access.
• Access to medical services.
• Withdrawal of an assault charge.
• Reduction in sentence for offence.

Question 19

What concept is ownership synonymous with?

Answer 19

That of ‘title’.

Question 20

Discuss possession referencing the physical and mental elements of it

Answer 20

The physical element requires the physical custody or control over the item in question and can be “actual” or “potential”

Actual - When the thing in question is in a person’s physical custody.

Potential - When the person has the potential to have the thing in question, in their control. For example, storing the thing in question at an associate’s house or through an agent.

The mental element is a combination of both knowledge that the person possesses the item in question and an intention to possess the item.

Question 21

What are some examples of ‘pecuniary advantage’?

Answer 21

• Cash from stolen goods
• Clothing or cash obtained by a credit/EFTPOS card
• A discount from a student ID card
• Avoiding or deferring payment of debt

Question 22

Intent, two types

Answer 22

An intention to commit the act with an intention to bring about a specific outcome