multi choice Flashcards
R V HAYES Pecuniary Advantage
anything that enhances the accused financial position.
John purchase a property with a valueless cheque on Tuesday. John sells it to mike the pawn shop dealer on Wednesday. Mike sells it the same day to Jane.
On Thursday the valueless cheque is dishonoured and reported to police. Who will have legal title to the property? or who will take possession of the property?
Jane
what was held in R v MISIC
essentially a document is a thing which provides evidence or information or serves as a document
hoe can title be voided
make a complaint to Police
A person who has property on hire purchase has
possession only
Proof of inducement
the false representation was beleived
the consequence of that beleif is the person parted with there property/money
what is a valuable consideration
anything capable of being valuable consideration, whether of a monetary kind or any other kind. Money or moneys worth
John finds a membership card for the local gym/pool, its hot so john goes to the swimming pool and uses the card to get in without paying what is johns criminal liability?
What has he obtained by using the membership.
Criminal liability - obtaining by deception 240(1)(a)
Obtained - a privilege /benefit (special right or advantage)
Both possession and title will pass onto a bonified or innocent purchaser when
when the property is brought by a third party from a person who obtained by deception before the original owner voids any title
What is credit
an obligation to pay or repay with time in which to pay
a senior exec of a company acting on behalf of the company causes loss to other companies, who is held responsible
the senior exec and the company, as the actions of the exec are said to be the actions and state of mind of the company
Dishonest access of a computer, what is required to prove this? A person can only be charged under section 249(10 in relation to accessingh a computer system for a dishonest purpose when
he/she actually obtained any property, or privilege, service pecuniary advantage etc or loss to any other person.
when is title obtained?
When property is obtained by the buyer from the owner who intend to sell/hand over
what must exist in relation to debt and liability in deception?
must be legally enforceable
an item located at johns property. What must be proved in relation to possession - a person is said to have control of a thing
It is proven that the accused did in fact exercise some control over the thing
R v Hayes defines pecuniary advantage as
anything enhancing a persons financial position
in relation to an offence of obtaining credit by deception under section 240(1)(b) CA, which of the following statement is NOT correct
Under the definition of obtain s217 CA, it is not sufficient that the accused obtained the extension of credit to another person
this is a false statement - it IS sufficient.
What was held in R V Crooks in relation to knowledge
The accused may be liable if their conduct has amounted to wilful blindness, and this is equated to knowledge
For propensity evidence to to be admissible the ultimate issue is
The degree to which the probabtive value of the evidence outweighs the prejudicial effect
The term valuable consideration means that a person can
obtaining anything capable of being valuable, whether a monetary kind or of any other kind
Extended definition of obtain
under the the extended definition of obtain, in S 217 of the CA it will be sufficient that the defendant obtained the extension of credit to another person.
for example
obtaining money on loan
extending existing overdrafts facilities
renting or leasing a dwelling
Bona fide Intention
Genuine or real intention
Roberts car in in the local garage after bring repaired. Robert could not afford to pay for the repair before getting the car back. Knowing that he does not have the funds in his account to cover the cost for repairs, he hands over a cheque to the repairer and receives the car in return. He drives home
Robert has obtained the vehicle by deception, as someone else has special property or interest in it (Contractors lien)
Claim of right in relation to any act means
a belief at the time of the act in a propriety or possessory right in the property
to prove a charge of theft by a person in a special relationship under section 220(1), it is necessary to prove that the person knew they had to
a) account to any other person for the property, or for any proceeds arising from the property or
b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
R V MORLEY the matter of loss in relation to 240(1)(d), which statement best describes what was held in this mater
The prosecution must prove that the loss alleged by the Vitim must have been induced by, or cause in reliance, upon the deception - musty be a direct loss, indirect losses such a expectation loss ( loss of a bargain) and lass of anticipated future profit are not included
brown booked into a motel and on checking in he offered to pay in advance. He was told that he could pay the account in the morning. he left early without checking out or paying. What is Browns liability?
No offence is committed
for a charge under section 240(1)(b), obtaining by deception, the obligation to repay means?
The obligation to repay must be a legally enforceable one.
A fraudulent, device, trick or stratagem used with intent to deceive any person must be?
Fraudulent, meaning dishonest in the traditional moral sense
False document includes a document of which the whole or any material part purports to be made
a) by a person who did not authorise it m making
b) by a fictitious person
The SFO investigates serious or complex fraud complaints. An investigator form that office may only make and arrest for a fraud suspect when
SFO officers do not have the power of arrest
Material particular definition
material particular is not defined in the CA but can be given its usual meaning of an important, essential or relevant detail
price tag tomfoolery - R V DRONJAK type scenario
The defendant was shopping, approached the assistant to ask the price of a car stereo which was $695.83. He advised he would buy the item and took it to the counter. When the defendant went thorough the checkout it had 2 price tags, a 2nd on for 38.88.
The defendant allowed the cashier to charge the incorrect price tag. By maintaining his silence it was found that the defendant obtained title to the radio by deception
Swapping price tags is also obtains by deception.
Both possession and title will pass ion to a bona fide or Innocent purchaser when
when property is brought by a 3rd party form a person who obtained it by deception, before the original owner void title.
