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Deception > Liabilities > Flashcards

Liabilities Flashcards

1
Q

What is the section and elements of Dishonestly takes or Obtains a Document?

A

Dishonestly takes or Obtains a Document
Section 228(1)(a), CA 1961

  1. Dishonestly
  2. Without claim of right
  3. Takes OR Obtains
  4. With intent to obtain any property/service/pecuniary advantage/valuable consideration
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2
Q

What is dishonesty?

A

Done without belief in consent from a person with authority.

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3
Q

What is without claim of right?

A

No belief of possessory or proprietary right to property.

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4
Q

What is takes?

A

When the offender moves the property or causes it to be moved.

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5
Q

What is Obtains?

A

Means to obtain to retain for himself or any other person.

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6
Q

What is a document?

A

R v Misic - thing which provides evidence or information or serves as a record

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7
Q

What is property?

A

Real and personal property, estate or interest.

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8
Q

What is service?

A

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

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9
Q

What is pecuniary advantage?

A

R v Hayes - anything that enhances the accused’s financial position. It is that enhancement that constitutes the element of advantage.

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10
Q

What is valuable consideration?

A

Anything capable of being valuable consideration. Money or money’s worth.

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11
Q

What is the section and elements for Dishonestly uses or Attempts to use a document?

A

Dishonestly taking or using a document (uses)
Section 228(1)(b), CA 1961

  1. Dishonestly
  2. Without claim of right
  3. Uses/Attempts to use
  4. Any document
  5. With intent to obtain any property/service/pecuniary advantage/valuable consideration
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12
Q

What is uses?

A

Single action or continuing use.

Hayes v R - Unsuccessful use of a document is as much use as a successful one

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13
Q

What is Attempts to use?

A

Hayes v R Unsuccessful use of a document is as much use as an Attempts to use

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14
Q

What is the section and elements for Obtains Property etc by Deception?

A

Obtains Property by Deception
Section 240(1)(a), CA 1961

  1. By any deception
  2. Without claim of right
  3. Obtains ownership/possession/control over
  4. Any property/privlege/service/pecuniary advantage/benefit/valuable consideration directly or indirectly
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15
Q

What is deception?

A

A false representation whether oral, documentary, or conduct, where the person making the representation intends to deceive any other person and;
1. Knows that it is false in material particular or
2. Reckless as to whether it is false in material particular
OR
omission to disclose a material particular where there is a duty to disclose it with intent to deceive any person
OR
fraudulent device, trick, or strategem used with intent to deceive any person.

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16
Q

What is ownership?

A

Goods come under control, don’t have to physically have them.

17
Q

What is possession?

A

R v Cox - 2 elements, physical and mental. Physical means to have physical custody or control of it. Mental means to know they have possession and intent to exercise that control.

18
Q

What is privilege?

A

Special right or advantage.

19
Q

What is benefit?

A

Special right or advantage.

20
Q

What is section 228(1)(a), CA 1961?

A

Dishonestly takes or Obtains document

21
Q

What is section 228(1)(b), CA 1961?

A

Dishonestly uses or Attempts to use document.

22
Q

What is section 240(1)(a), CA 1961?

A

Obtains by Deception (ownership)

23
Q

What is section 240(1)(b), CA 1961?

A

Obtains credit by deception.

24
Q

What is the section and elements of Obtains credit by deception?

A

Obtains credit by deception
Section 240(1)(b), CA 1961

  1. By any deception
  2. Without claim of right
  3. In incurring any debt OR liability
  4. Obtains credit
25
Q

What is debt and liability?

A

Debt is money owing from one person to another.

Liability is legally enforceable financial obligation.

Debt or liability must be legally enforceable. If contract is void or illegal, there is no offence.

26
Q

What is Obtains credit?

A

Obtains - obtain or retain for himself or any other person

Credit - Fisher v Raven - a legal obligation on the debtor to pay or repay in the time given for them to do so by the creditor.

Must be legally enforceable.

27
Q

What is the section and elements for Cause loss by Deception?

A

Cause loss by Deception
Section 240(1)(d), CA 1961

  1. By any deception
  2. Without claim of right
  3. Cause loss to any other person
28
Q

What is section 240(1)(d)

A

Cause loss by deception

Deception (2 decks)

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