Obtains By Deception - Property

Question 1

Obtains By Deception - Property
- s240 (1)(a) C.A. 1961
- 7yr (Over $1000)
- 1yr ($500 to $1000)
- 3m (Under $500)

Answer 1

• By deception & without claim of right

• Obtains ownership or possession of, or control over

• Any property, privilege, service, pecuniary adv, benefit or valuable consideration

• Directly or indirectly

Question 2

Deception means?

Answer 2

(a) a false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and
(i) knows that it is false in a material particular; or
(ii) is reckless as to whether it is false in a material particular; or

Question 3

False representation

Answer 3

Must be false and the defendant must know or believe it is false in a material particular, or be reckless whether it is false.

Question 4

Material particular

Answer 4

An important, relevant or essential, detail or item.

Question 5

Claim of Right - s2 CA61

Answer 5

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.

Question 6

Obtain - s217 CA61

Answer 6

In relation to any person, means obtain or retain for himself or for any other person.

Question 7

Ownership / Possession / Control

Answer 7

Ownership, possession or control may be directly or indirectly obtained.

Question 8

Possession - COX

Answer 8

Possession involves 2 elements:

• The first, the physical element, is actual or potential physical custody or control

• The second, the mental element is a combination of knowledge & intention

Knowledge in the sense of an awareness by the accussed that the substance is in his possession & an intention to exercise possession.

Question 9

Control

Answer 9

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

• Prosecution doesn’t need to prove the accused was in actual possession. It may be sufficient that he exercised control over the property through an agent.

Question 10

Special Interest Lien

Answer 10

A lien is a right over another person’s property to protect a debt charged on it.

• Garage owner repairing a vehicle, places a lien over it, until the debt is paid.

Question 11

Property - s2 CA61

Answer 11

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, & anything in action, and any other right or interest.

Question 12

Privilege / Benefit

Answer 12

A special right or advantage.

• Access to med services
• Using someones gym card
• The withdrawal of an assault charge.