LIabilities Flashcards
XX An offender knowingly presents to the retailer an item with two price tags for different amounts, aware the higher amount is the correct price, he shows the lower price to the checkout operator and obtains the items for the lower price. He is apprehended by Police two days later?
What is the offence?
Who has the title to the item?
Bully says S240(1)(a) Obtains by deception - Pecunairy advantage
The offender until title is void
Can be *** 240 (1)(d) - by documentary
XX An offender using a false name and address hires an electric drill from the local hire shop. The drill is found at his home address month later and he claims he intends to return it at some stage but hadn’t got around to it.
What’s the offence to the charge?
Who has title to the drill?
S240 (1)(d) Cause loss by deception CHECK THIS
The hire shop has title
Bully says this one** Could also S240(1)(a) - false representation is oral,
By any deception, and without claim of right, obtains ownership of any property
MORLEY
What are the essential ingredients for forgery as set out in 256 (1) CA 1961?
Everyone
Who makes a false document
With intent to use it
To obtain
Any Property, Privilege, Valuable Consideration, Service, Pecunairy advantage, benefit
What are the essential ingredients for S228 CA 1961? Taking/Using a document
(a) Dishonestly, Without Claim of right, TAKES/OBTAINS, any document, with intent to obtain Valuable Consideration, Service, Property, Pecunairy advantage
(b) Same as above except USE/ATTEMPT
What are the essential ingredients for Obtaining Credit by Deception as set out in 240(1)(b) CA 1961?
By deception
Without claim of right
In occurring any debts OR liability
Obtains Credit
Yohan is in need of money, he photographs a neighbours property and puts in on trade me. Alan is interested in a rental property and pays a bond of $250 and one week rent. Alan puts $500 into the account. When Alan turns up at the rental property the place is an empty section
What’s the liability?
S240 (1)(a) Obtain by deception - Ownership and pecuniary advantage
Ownership due to money in the account
R V Morley - Intention to deceive requires purposeful intent at the time the deception is practiced
Jake is a postie and his hours are cut, he does a post run and sees letters with logos on them. His shows are getting worn out so he searches 10 boxes on his way and finds credit and buys a pair of shoes
What’s his liability?
S228(1)(b) Uses a Document - property
XX Kevin and poppy see an advert for Dine and dash where people have meal then run away without paying, they enter a restaurant and rack up $230 worth and then when the meal is finished and when staff aren’t looking they exit and run away.
What is the liability?
S240 (1)(b) Obtain by Deception - liability
Go liability its not money owing from one person to another, its a legally enforceable financial obligation
R V Morley - Intention to deceive requires purposeful intent at the time the deception is practiced
A man works on a Cruze ship and went to cruise in open sea. He decides to come back and lies to the captain that his grandmother is sick. The ship turns around and drops him back. It was later found that he was lying. The cost of the ship turning around was $30000.
What is his liability?
S240 (1)(d) Cause loss by deception
Deceived the boat and caused the financial loss to the boat
oral representation, just causing a loss
A kid takes his mums credit card and attempts to use it to buy an ipad.
What is the liability?
S228 (1)(b) Attempts to use a Document
ALWAYS ADD IN WHAT THE FALSE REPRESENTATION IS - DOCUMENTARY
XX A person enters a shop in the university wearing a cap and gown to convey the notion that he was a member of the university and as such was able to receive a discount offered to university students.
What is the liability?
CHECK S240 (1)(a) Obtain by Deception - privilege
Taking advantage of special right or advantage of being a student
control over a benefit/privilage
Is this one easier Could use 240 (1) (d) false represent by conduct, intent to decieve, causes loss
Paul is the director of a small company installing window for domestic property owners. He has a large backlog of jobs to complete due to manufacturing delays by his suppliers in making the windows. His financial situation deteriorates, and he continues to receive deposits from clients in order to pay his bills. Paul thinks he can trade his way out of financial difficulties. Is Paul criminally liable for deception? Explain your answer
Obtains by DeceptionS240(1)(d)
Intent to deceive/there was a representation/paul was reckless whether it was false in a material particular
