Obtains by Deception (Alter Document) 240(1)(c)

Question 1

Obtains by Deception (Alters Document)

Act, Section, Penalty

Answer 1

Crimes Act 1961
S240(1)(c)

Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp

Question 2

Obtains by Deception (Alters Document)

List Elements

Answer 2

1) By 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 3

Deception Definition 240(2)

Answer 3

CA1961 Section 240(2)

(a) A false representation, whether oral, documentary, or by conduct, made with intent to deceive, and knows, or is reckless if false in a material particular, or

(b) An omission to disclose a material particular, with intent to deceive, where there is a duty to disclose it,

(c) or a fraudulent device, trick, or stratagem used with intent to deceive.

Question 4

Intention to deceive
R v Morley

Answer 4

R v Morley –

Intention to deceive requires purposeful intent at the time the deception is practiced.

Question 5

Without claim of right defined

Answer 5

Without claim of right (s2 CA 1961)

No belief there was possessory or proprietary right to the property.

Question 6

Induces
Definition

Answer 6

To persuade, bring about or give rise to.

Question 7

Deliver over, execute, make, accept, endorse, destroy or alter

Answer 7

Deliver over:
To surrender up someone or something

Execute:
To put a course of action into effect

Make:
To create or prepare something by combining materials or putting parts together

Accept
To receive something

Endorse
To write or sign on a document

Destroy
To end the existence of

Alter
To change in character or composition, typically in a comparatively small but significant way.

Question 8

Any document (Defined)

Answer 8

R v Misic – A document is a thing which provides evidence or information or serves as a record.