Liabilities, Penalty and what must be proved

Question 1

CA61 s228(1)(a)

Answer 1

Dishonestly
Without claim of right
Takes or obtains
Any document
With intent to obtain
Any property, service, pecuniary advantage, or valuable consideration

7 years

Question 2

CA61 s228(1)(b)
(Penalty and what must be proved)

Answer 2

Dishonestly
Without claim of right
Uses or Attempts to use
Any document
With intent to obtain
Any property, service, pecuniary advantage, or valuable consideration

7 Years

Must prove:
(1) Used or attempted to use
(2) with intent to obtain the benefit in question

Question 3

CA61 s240(1)(a)

(Penalty, what must be proved)

Answer 3

Obtaining by deception

By any deception
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

“By deception” proof requirements:
(1) Defendant had intent to deceive
(2) Defendant made a false representation
(3) Defendant knew, or was reckless whether, it was false in material particular.
3m: <$500
1y: $500 <> $1000
7y: >$1000

Question 4

CA61 s240(1)(b)

Answer 4

Obtaining by deception

By any deception
Without claim of right
In incurring any debt or liability
Obtains credit

“By deception” proof requirements:
(1) Defendant had intent to deceive
(2) Defendant made a false representation
(3) Defendant knew, or was reckless whether, it was false in material particular.

Question 5

CA61 s240(1)(d)

Answer 5

Obtaining or causes loss by deception

By any deception
Without claim of right
Causes loss to any other person.

“By deception” proof requirements:
(1) Defendant had intent to deceive
(2) Defendant made a false representation
(3) Defendant knew, or was reckless whether, it was false in material particular.

Question 6

CA61 s240(2)(a)
Deception means:

Answer 6

Deception means:

A false representation, whether oral, documentary, or by conduct
Where the person making the representation intends to deceive any other person and—
(i) knows that it is false in a material
particular; or
(ii) is reckless as to whether it is false in a
material particular

Question 7

CA61 s240(2)(b)
Deception means:

Answer 7

Deception means:

An omission to disclose a material particular,
With intent to deceive any person,
In circumstances where there is a duty to disclose it.

Question 8

CA61 s240(2)(c)
Deception means:

Answer 8

Deception means:

A fraudulent device, trick, or stratagem
Used with intent to deceive any person.