Obtains By Deception

Question 1

Obtains by deception - 240(1)(a)

Answer 1

CA, s240(1)(a)

1. By any deception
2. Without claim of right
3. Obtains ownership or possession of, or control over
   - any property
   - any privilage
   - service
   - pecuniary advantage
   - benefit/privilage
   - valuable consideration
4. Directly or indirectly

Question 2

Obtaining by deception - 240(1)(b)

Answer 2

CA, s240(1)(b)

1. By any deception
2. Without claim of right
3. In incurring any debt or liability
4. Obtains credit

Question 3

Obtains by deception - s240(1)(c)

Answer 3

CA, s240(1)(c)

1. By any deception
2. Without claim of right
3. Induces or causes any other person to:
   - deliver over
   - execute
   - make
   - accept
   - endorse
   - destroy or
   - alter
4. Any document or thing capable of being used to derive a pecuniary advantage

Question 4

Voidable title

Answer 4

A title obtained by deception, fraud or duress or misrepresentation can be avoided (vacated) by the seller.

Question 5

Valuable considerstion

Answer 5

Anything capable of being valuable considerstion, whether of a monetary kind it of any other kind: In short; money or moneys worth - Hayes v R

Question 6

Document

Answer 6

A document or part of a Document, in any form

R v Misic - thing which provides evidence or information or serves as a record

Question 7

Credit

Answer 7

Obligation on the debtor to pay or repay, and the time given for them to do so by the creditor

Question 8

Benefit or Privilege

Answer 8

A special right or advantage - not limited to being of a pecuniary nature

Question 9

Dishonestly

Answer 9

An act or omission, without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

CA 61, s217

Question 10

What prosecution must prove in relation to taking or using q Document

Answer 10

• that the offender took/obtained/used or attempted to use the document
• with intent to obtain
• any property, service, valuable consideration, pecuniary advantage

Question 11

Service

Answer 11

R v Cara - Service is limited to financial or economic value, excludes privileges or benefits

Question 12

Taking

Answer 12

For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved - R v Lapier and R v Peat

CA 61, s219(4)

Question 13

Obtains by deception - 240(1)(d)

Answer 13

CA 61
S240(1)(d)

1. By any deception
2. Without claim of right
3. Causes loss to any oerson