Dishonesty offences Flashcards
What are the elements of dishonestly taking/using a document?
- Dishonestly
- Without claim of right
- Takes or obtains OR uses or attempts to use
- Any document
- With intent to obtain any property OR service OR pecuniary advantage OR valuable consideration
What does Hayes v R state in relation to using a document?
“An unsuccessful use of a document is as much use 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 or a pecuniary advantage, which is not a necessary ingredient of the offence. Because the use does not have to be successful is may be difficult to draw a clear line between use and attempted use”
What does R v Misic state about a document?
“Essentially a document is a thing which provides evidence or information or serves as a record”
What does R v Cara say about a service?
“Service is limited to financial or economic value and excludes privileges or benefits”
What does Hayes v R say about pecuniary advantage?
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage”
What does Hayes v R state about valuable consideration?
A valuable consideration is “anything capable of being valuable consideration, whether of a monetary kind or of any other kind: in short, money or money’s worth”
What are the elements of obtaining by deception (Section 240(1)(a) Crimes Act 1961)
- By any deception
- Without claim of right
- Obtains
- Ownership OR possession of OR control over
- Any property OR privilege OR service OR pecuniary advantage OR benefit OR valuable consideration directly or indirectly
What does R v Morley say about intention to deceive?
An intention to deceive requires that the deception is practised in order to deceive the affected party. Purposeful intent is necessary and must exist at the time of the deception
What are the elements of obtaining by deception or causing loss by deception (obtaining credit)? - Section 240(1)(b) Crimes Act 1961
- By any deception
- Without claim of right
- In incurring any debt or liability
- Obtains credit
What are the elements of obtaining by deception or causing loss by deception Section 240(1)(c) Crimes Act 1961?
- By any deception
- Without claim of right
- Induces or causes any other person to deliver over OR execute OR make OR accept OR endorse OR destroy OR alter
- Any document OR thing capable of being used to derive a pecuniary advantage
What are the elements of obtaining by deception or causing loss by deception (loss to another person)? Section 240(1)(d) Crimes Act 1961
- By any deception
- Without claim of right
- Causes loss to any other person
