Offences

Question 1

Obtains By Deception Section 240(1)(a)

Answer 1

Section 240 (1)(a) Crimes Act 1961

By any deception and
Without Claim of Right
Obtains ownership of or possession of or control over any property or any privilege, service, pecuniary advantage, benefit or valuable consideration.

Question 2

Obtains by Deception Section 240(1)(b)

Answer 2

By any deception
And without claim of right
In incurring any debt or liability
Obtains credit

Question 3

Define Debt

Answer 3

Money owing from one person to another

Question 4

Define Liability

Answer 4

Legally enforceable financial obligation to pay.

Question 5

Define Credit

Answer 5

The obligation on the debtor to pay or repay in the time given to do so by the creditor.
The obligation to pay must be legally enforceable.
Fisher V Raven

Question 6

Obtains by Deception Section 240(1)(d)

Answer 6

Everyone is guilty of obtaining be deception or causing loss by deception who:

By any deception
And without claim of right
Causes loss to any other person

Question 7

Define Claim of Right

Answer 7

Section 2 Crimes Act 1961

In relation to any act means a belief at the time of the act in a proprietary or possessory right in the property in relation to which the offence is alleged to have been committed.
Although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 8

Define Deception

Answer 8

Section 240(2) Crimes Act

(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

(b) An omission to disclose a material particular with intent to deceive any person, in circumstances where there is a duty to disclose it OR

(c) A fraudulent device, trick or stratagem used with intent to deceive any person.

Question 9

Takes or Obtains Document
Section 228(a) Crimes Act

Answer 9

With intent to obtain
Any Property, service, pecuniary advantage or valuable consideration
Dishonesty AND
Without claim of right
Takes or Obtains
Any Document

Question 10

Uses/Attempts to Use a Document
Section 228(b) Crimes Act 1961

Answer 10

With intent to obtain
Any Property, service, pecuniary advantage or valuable consideration
Dishonestly AND
Without claim of right
Uses or Attempts to use
Any document