Fraud Flashcards
Dishonestly taking a document, Section/elements?
Section 228(1)(a) CA1961
-Dishonestly
-Without claim of right
-Takes OR obtains
-Any document
-With Intent to obtain any
-Property OR service OR pecuniary advantage OR valuable consideration
Dishonestly using a document, Section/elements?
Section 228(1)(b) CA1961
-Dishonestly
-Without claim of right
-Uses OR attempts to use
-Any document
-With Intent to obtain any
-Property OR Service OR pecuniary advantage OR valuable consideration
Obtain meaning?
Come into possession legitimately
Property defined?
Any real or personal thing
Service case law?
R v Cara- service is limited to financial or economic value and excludes privileges or benefits.
Pecuniary advantage case law?
Hayes v R- anything that enhances the accused financial position.
Valuable consideration case law?
Hayes v R- anything capable of being valuable, whether money or any other kind.
Dishonestly defined?
Done without a belief in consent.
Use or attempt to use case law?
Hayes v R- an unsuccessful use of a document is as much a use as a successful one.
It’s difficult to draw a clear line between use and attempted to use.
Document defined/case law?
R v Misic- a document is a thing which provides evidence or information or serves as a record.
Deception defined
A false representation
Intent to deceive case law?
R v Morley- intention to deceive requires a Purposeful intent at the time the deception is practiced.
Theft vs obtain by deception?
Theft is taken without owners permission and title not passed on.
Possession and ownership
Debt meaning?
Money owing from one person to another
Liability meaning?
A legal obligation to pay.
Title defined?
Simply means a legal right to the property.
