Obtains by Deception (Obtains Property) S240(1)(a)

Question 1

Obtains by Deception (Obtains Property)

Act, Section, Penalty

Answer 1

Crimes Act 1961
S240(1)(a)

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

Question 2

Obtains by Deception (Obtains Property)

List Elements

Answer 2

1) By deception

2) without claim of right

3) Obtains ownership OR
possession of, OR
control over

4) Any property,
privilege, OR
service, OR
pecuniary advantage, OR
benefit, OR
valuable consideration,

5) directly or indirectly

Question 3

Deception

Element 1, card 1/2. S240(1)(a)

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

Element 1, card 2/2. S240(1)(a)

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

Element 2, card 1/1. S240(1)(a)

Answer 5

Without claim of right (s2 CA 1961)

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

Question 6

Ownership defined

Element 3, card 1/3. S240(1)(a)

Answer 6

Ownership: A legal right to property (title).

Question 7

Possession off; defined

Element 3, card 2/3. S240(1)(a)

Answer 7

Possession of:

R v Cox:

Possession involves two elements.
The physical element = having actual or potential physical custody or control.
The Mental element = having a combination of knowledge and intention.

Question 8

Control over; defined

Element 3, card 3/3. S240(1)(a)

Answer 8

Control:

Means to exercise authoritative or dominating influence or command over it.

Question 9

Property defined

Element 4, card 1/6. S240(1)(a)

Answer 9

Section 2 CA1961

Property - any real or personal property, estate or interest

Question 10

Privilege defined

Element 4, card 2/6. S240(1)(a)

Answer 10

A special right or advantage

TIP: Same definition as benefit

Question 11

Service defined

Element 4, card 3/6. S240(1)(a)

Answer 11

Caselaw:
R v Cara - service is limited to financial or economic value

Question 12

Pecuniary advantage defined

Element 4, card 4/6. S240(1)(a)

Answer 12

Caselaw:
Hayes v R – Anything that enhances the accused’s financial position

TIP: Examples
- Cash from stolen goods.
- Clothing or cash obtained by a credit or EFTPOS card.
- A discount (by using a student ID card).
- Avoiding or deferring payment of a debt.

Question 13

Benefit Defined

Element 4, card 5/6. S240(1)(a)

Answer 13

A special right or advantage

TIP: Same definition as Privilege

Question 14

Valuable Consideration Defined

Element 4, card 6/6. S240(1)(a)

Answer 14

Caselaw:
Hayes v R - Anything capable of being valuable consideration. Money or money’s worth.

TIP: Examples
- Monetary payment in return for goods or services
- Goods given in return for services provided
- Issuing a false invoice to receive payment for goods never supplied

Question 15

Directly or indirectly defined

Element 5, card 1/1. S240(1)(a)

Answer 15

Directly = Person to person

Indirectly = posted or left to be picked up.

TIP: Relate to scenario in definition.