Mis Flashcards
What is required to be proven for deception?
- that there was an intention to deceive
- that there was a representation by the defendant.
- that the representation was false and that the defendant ether-
; knew it to be false in a material particular Or
; was reckless whether it was false in a material particular
Deception can happen in three ways?
- orally
- conduct
Documentary
Knowledge can be established by?
- an admission
- implications from circumstances surrounding the event
- propensity evidence
What is the difference between theft and obtaining by deception?
In theft the property is obtains without the owners permission and the “title” is not passed on
What you must prove for s240(1)(b) obtaining by deception or causing loss by deception?
- ID of suspect
- used deception and without claim of right.
- incurred debt or liability
- obtained credit.
- the deception must be intended at the time the credit is gained, a later decision to not repay is not enough.
Proof of inducement for section 240(1)(c) involves gathering evidence of what?
victim statement that-
The false representation was believed
That it was the consequences of that belief that the victim parted with his or her money.
In the absence of direct evidence however a reasonable inference can be drawn in certain circumstances that the owner was induced by the representation to part with the thing in question.
What is required to be proven for 240(1)(d) causing loss by deception?
- the loss was caused by a deception
- it was reasonable foreseeable some more than tribal loss would occur.
- need not prove that the loss itself was intentionally caused or that it was a benefit to anyone.
Penalty for deception offences?
Over $1000 - 7 years
$500 to $1000 - 1 year
Under $500 - 3 months
What is propensity evidence?
Evidence showing that a person has a propensity to act in a certain way or to have a particular state of mind may be admissible in court for deception offences.
Can be used to disprove defence of mistake or innocent intention.
Where are the concepts of “title” defined?
Contract and commercial law act 2017.
How do you void a title?
Notify Police and
Section 246(4) crimes act 1961?
Receiving after restoration to owner.
A title (albeit voidable) obtained by deception is still a “legal title”.
A third person who buys goods from the original offender cannot be charged with receiving unless the title was voided by a complaint before the receiving as they now have “good title”
The receiver can be charged if they knew about the defect in the title.
Forgery sentence?
10 years Maximum imprisonment
When is the offence of forgery complete?
Section 256(3) crimes act 1961:
As soon as the document is created with the intent to use it.
Section 256(4):
Forgery complete regardless of whether the document is complete or not.
When is forgery section 256(2) used?
When there is no intention to obtain any financial or other specified advantage however the document was intended to be used to mislead.
Give some examples of forgery?
- writing an examination paper in the name of another person who is required to sit the exam.
- pre-dating a deed to give it priority over another.
- forging letters of recommendation for inclusion in a CV.
- falsely completing a statement of service on a witness summons.
What must be proven of cases of using a forged document section 257 crimes act 1961?
- the defendant knew that the document was a forgery at the time of the physical act of using it.
- the document was false
- the user knew that the document had been made with the knowledge and intent required under section 265 (knew that it was false and intent on gaining PPPSBV)
What’s the difference between forgery, 256 and altering, concealing, destroying or reproducing a document 258?
The different is in the definition of document and the intent.
- with forgery an intent to deceive only is required, not an intent to obtain by deception as in section 258.
- any document can be altered ect in section 258 however a charge of forgery 256 the document must be a false document as defined in section 255.
When a person alters a document, what might they do to it?
- additions
- insertions
- deletions
- obliterations
- erasures
- removal of material
