Liabilities

Question 1

What is the elements of CA61 s228(1)(a)?

Answer 1

• with intent to obtain
• any property, service, pecuniary advantage or valuable consideration
• dishonestly
• and without claim of right
• takes or obtains
• any document

Question 2

What is the elements of CA61 s228(1)(b)?

Answer 2

• with intent to obtain
• any property, service, pecuniary advantage or valuable consideration
• dishonestly
• and without claim of right
• uses or attempts to use
• any document

Question 3

What is the elements of CA61 s240(1)(a)?

Answer 3

• by any deception
• and without claim of right
• obtains ownership or possession of, or control over
• any property or any privilege, service, pecuniary advantage, benefit or valuable consideration
• directly or indirectly

Question 4

What is the elements of CA61 s240(1)(b)?

Answer 4

• by any deception
• and without claim of right
• in incurring any debt or liability
• obtains credit

Question 5

What is the elements of CA61 s240(1)(c)?

Answer 5

• by any deception
• and without claim of right
• induces or causes any person
• to deliver over, execute, make, accept, endorse, destroy or alter
• any document or thing
• capable of being used to derive a pecuniary advantage

Question 6

What is the elements of CA61 s240(1)(d)?

Answer 6

• By any deception
• and without claim of right
• causes loss to any other person

Question 7

What is the title of CA61 s240(1)(a)?

Answer 7

Obtaining Property by Deception

Question 8

What is the title of CA61 s240(1)(b)?

Answer 8

Obtaining Credit by Deception

Question 9

What is the title of CA61 s240(1)(c)?

Answer 9

Altering documents capable of deriving pecuniary advantage

Question 10

What is the title of section 240(1)(d)?

Answer 10

Causing loss by deception

Question 11

What is the penalty for deception exceeding $1000?

Answer 11

7 years imprisonment

Question 12

What is the penalty for deception exceeding $500 but not exceeding $1000

Answer 12

1 year imprisonment

Question 13

What is the penalty for deception of $500 or less?

Answer 13

3 months imprisonment

Question 14

What is the title for CA61 s228(1)(a)?

Answer 14

Takes or Obtains document

Question 15

What is the title for CA61 s228(1)(b)?

Answer 15

Uses or Attempts to use document

Question 16

What is the penalty for CA61 s228(1)?

Answer 16

7 years imprisonment

Question 17

What is the definition of Dishonestly? CA61 s217

Answer 17

-In relation to any act or omission
- means done or omitted
- without a belief of express or implied consent to or authority for
- the act or omission
- from a person entitled to give such consent or authority

Question 18

What is the definition of Claim of Right? CA61 s2

Answer 18

• In relation to any act means
• a belief at the time of the act
• in a proprietary or possessory right to property
• in relation to which the offence is alleged to have been committed

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

Question 19

What is the definition of deception? CA61 s240(2)(a) - False Representation

Answer 19

Deception includes:
- a false representation
- whether oral, documentary or by conduct
- where the person making the representation intends to deceive any other person
– knowing that it is false in a material particular
– or is reckless to whether it is false in a material particular

Question 20

What is the definition of deception? CA61 s240(2)(b) - Omission to Disclose

Answer 20

Deception includes:
- An omission to disclose a material particular
- with intent to deceive any person
- in circumstances where there is a duty to disclose.

Question 21

What is the definition of deception? CA61 s240(2)(c) - Device, Trick or Stratagem

Answer 21

Deception includes:
- a fraudulent device, trick or stratagem
- used with intent to deceive any person