Obtain by deception offence

Question 1

Dishonestly taking or using a document (Elements)

Answer 1

Section 228(1)(a) Crimes Act 1961
- Dishonestly
- Without claim of right
- Takes or Obtains
- Any Document
- With intent to obtain any
- Property or Service or Pecuniary advantage or Valuable consideration

Question 2

Dishonestly (Definition)

Answer 2

Done or omitted without a belief there was express or implied consent from a person entitled to give authority - Section 217 Crimes Act 1961

Question 3

Belief (Case Law)

Answer 3

HAYES v R:
Whether the belief is actually held, not Whether that belief is
reasonable. However, reasonableness may be relevant as evidence on whether the belief was actually held

Question 4

Claim of right (Definition)

Answer 4

means a belief at the time of the act in a proprietary or
possessory right in property in relation to which the offence is alleged to have been committed, - Section 2 Crimes Act

Question 5

Obtain (Definition)

Answer 5

obtain or retain for himself or herself or any other person Section 217 Crimes Act 1961

Question 6

Takes (Definition)

Answer 6

Theft is committed by taking when the offender moves the property or causes it to be moved - Section 219 Crimes Act 1961

Question 7

Document (Definition)

Answer 7

A document or part of a document in any form any paper or material used for writing or printing that is marked with matter capable of being read - Section 217 Crimes Act 1961

Question 8

Document (Case Law)

Answer 8

R v MISIC:
A thing which provides evidence or information or serves as a record

Question 9

Intent (Definition)

Answer 9

Intention to commit an act and get a specific result

Question 10

Intent (Case Law)

Answer 10

R v COLLISTER:
Circumstantial evidence in which the defendants intent maybe inferred can include; actions/words before, during or after the event. Surrounding circumstances or the act itself

Question 11

Property (Definition)

Answer 11

Includes real and personal property and any estate or interest in any real or personal property - Section 2 Crimes Act

Question 12

Service (Case Law)

Answer 12

R v CARA:
Limited to financial or economic value. Excludes privileges or benefits

Question 13

Pecuniary advantage (Case Law)

Answer 13

HAYES v R:
Anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage

Question 14

Valuable consideration (Case Law)

Answer 14

HAYES v R
Anything capable of being a valuable consideration. Money or money’s worth

Question 15

Dishonestly taking or using a document - Use (Elements)

Answer 15

Section 228(1)(b) Crimes Act 1961
- Dishonestly
- Without claim of right
- Uses or Attempts to use
- Any Document
- With intent to obtain any
- Property or Service or Pecuniary advantage or Valuable consideration

Question 16

Uses or attempts to use (Case Law)

Answer 16

HAYES v R:
Because the use does not have to be successful it may difficult to draw a line between use and attempted

Question 17

Obtaining by deception or causing loss by deception (Elements)

Answer 17

Section 240(1)(a) Crimes Act 1961
- By any deception
- Without claim of right
- Obtains
- Ownership or Possession of or Control over
- Any property or Service or Pecuniary advantage or Benefit or Valuable consideration
- Directly or In-directly

Question 18

What must be proved for Deception

Answer 18

• There was an intent to deceive
• There was a representation by the defendant
  *The representation was false; and that the defendant either: knew it to be false in a material particular OR - was reckless whether it was false in a material particular

Question 19

Deception (Definition)

Answer 19

A false representation where the person making the representation intends to deceive the other person; Knows it is false in material particular, Reckless whether it is false in material particular - Section 240 Crimes Act 1961

Question 20

Deception Case Law

Answer 20

R v MORLEY
An intention to deceive requires that the deception is practised in order to deceive the affected party

Question 21

Representation (Case Law)

Answer 21

R v MORLEY:
Representations must relate to a statement of existing fact, rather than a statement of future intention.

Question 22

Possession (Case Law)

Answer 22

R v COX
The actual and potential custody or control and the combination of knowledge and intention in the sense the accused had the substance in his possession

Question 23

Control over (Definition)

Answer 23

The power of directing, command. Do not need to possess something in order to control it

Question 24

Privilege/Benefit (Definition)

Answer 24

Special right or advantage

Question 25

Obtaining by deception or causing loss by deception - Debt (Elements)

Answer 25

Section 240(1)(b) Crimes Act 1961
- By any deception
- Without claim of right
- In incurring any debt or Liability
- Obtains credit

Question 26

Debt (Definition)

Answer 26

Money owing from one person to another

Question 27

Liability (Definition)

Answer 27

Legally enforceable financial obligation to pay

Question 28

Obtain credit (Definition)

Answer 28

Must be in respect to a monetary obligation

Question 29

Obtaining by deception or cause loss by deception - Loss (Elements)

Answer 29

Section 240(1)(d) Crimes Act 1961
- By any deception
- without claim of right
- Causes loss to any other person

Question 30

Loss (Definition)

Answer 30

Will usually involve financial detriment to the victim

Question 31

Loss (Case Law)

Answer 31

MORLEY v R
The loss must be induced by or caused in reliance upon the deception

Question 32

Obtaining by Deception or causing loss by deception - Induce or Cause (Elements)

Answer 32

Crimes Act 1961 Section 240(1)(c)
- By any deception
- Without Claim of Right
- Induces or Causes
- Any other person
- To deliver over, execute, make, accept or alter any document or thing
- capable of being used to derive a pecuniary advantage