Obtains by Deception - Property

Question 1

Section and Penalty (Obtains by Deception - Property)

Answer 1

S240(1)(a) CA61

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

Question 2

Elements (Obtains by Deception - Property)

Answer 2

(1) By deception and without claim of right
(2) Obtains ownership or possession of, or control over
(3) Any property, privilege, service, pecuniary advantage, benefit or valuable consideration, directly or indirectly

Question 3

Obtains

Answer 3

S217 CA61

Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person

Question 4

Special Interest Lien

Definition and Example

Of note only

Answer 4

In general terms, a lien is a right over another’s property to protect a debt charged on that property.

• Garage owner repairing another person’s vehicle, places lien over it until debt is paid.

Question 5

Control

Answer 5

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

Of note

The prosecution does not need to prove that the accused was in actual possession of the property. It may be sufficient that the accused exercised control over the property through an agent.

It is insufficient that the dishonestly obtained property was found at the premises of which the defendant had control. It must be proved that the defendant did in fact exercise some control over the particular property.

Question 6

Property

Answer 6

S2 CA61

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

Question 7

Privilege

Definition and Examples

Answer 7

A special right or advantage.

• Using another person’s gym membership card so that you can use the gym facilities.
• Access to medical services.
• The withdrawal of an assault charge.
• A reduction in sentence for an offence.

Question 8

Pecuniary Advantage

Definition and Examples

Answer 8

A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”

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 9

Valuable Consideration

Definition and Examples

Answer 9

Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.

• 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 10

Benefit

Definition and Examples

Answer 10

A special right or advantage.

• Using another person’s gym membership card so that you can use the gym facilities.
• Access to medical services.
• The withdrawal of an assault charge.
• A reduction in sentence for an offence.