Obtains by Deception Flashcards

1
Q

Ingredients of Obtains by Deception

A

S240 CA 1961

(1) By any deception and without claim of right
(a) obtains ownership or possession of or control over any property or any privilege, service, pecuniary advantage, benefit or valuable consideration directly or indirectly or
(b) in incurring any debt or liability obtains credit or
(c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy or alter any document or thing capable of being used to deceive a pecuniary advantage or
(d) cause loss to any other person

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2
Q

What are some examples of privilege or benefit?

A
  • Using another persons gym membership card to use gym
  • Access to medical services
  • The withdrawal of an assault charge
  • A reduction in sentence for an offence
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3
Q

What is a distinction between theft and obtaining by deception?

A

Theft the property is obtained without owners permission and title is not passed on

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4
Q

What is actual possession?

A

Actual possession arises where the thing in question is in a persons physical custody it is on or about their person or immediately at hand.

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5
Q

What is the case law in regards to Ideal Possession

A

Warner v Metroplitian Police Commissioner
Ideally a possessor of a thing has complete physical control over it, he has knowledge of its existence, it’s situation and its qualities

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6
Q

What is constructive possession?

A

Constructive possession arises when something is not in persons physical custody but they have reDy access to it or can exercise control over it

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7
Q

What does the case law Sullivan v Earl of Caithness state?

A

Sullivan v Earl of Cathness
Possession includes not merely those that have physical custody of firearms….but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at another location

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8
Q

What is a special interest lien?

A

A lien is a right over another’s property to protect a debt charged on that property eg: a garage that is repairing a motor vehicle has a lien over it.

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9
Q

What are examples of pecuniary advantage?

A
  • Cash from stolen goods
  • clothing or cash obtained by a credit or eftpos card
  • A discount using a student id
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10
Q

Define debt?

A

Debt means money owning from one person to another

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11
Q

Define liability

A

liability means a legally enforceable financial obligation to pay such as the cost of a meal

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12
Q

Define Credit?

A

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

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13
Q

Discuss the case law about Obligation to Pay

A

Fisher v Raven
Credit refers to the obligation of the debtor to pay or repay and the time given for the to do so by the creditor. Credit does not extend to an obligation to supply services or goods

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14
Q

What is the timing of intention to deceive and discuss case law

A

The intention to deceive is essential and must exist at the time when the deception is perpetrated.
R v McKay
On appeal it was held that the credit had been obtained on booking in but at that time the accused did not posses an intention to deceive

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15
Q

Define Induces

A

Induces means to persuade, bring about or give rise to

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16
Q

How do you prove inducement?

A

False representation as believed and that it was the consequence of that belief that the victim parted with his/her money

17
Q

What does R v Laverty state in regards to a false representation that is not believed?

A

R v Laverty
It is necessary for the prosecution to prove that the person parting with the property was induced to do so by the false representation made

18
Q

What are the punishments of obtaining by deception or causing loss by deception?

A

S241 CA 1961

(a) loss exceeds $1000 - 7yrs
(b) loss exceeds $500 but under $1000 - 1yrs
(c) Loss does not exceed $500 - 3mths