Other legislation Flashcards
Punishment of obtaining by deception or causing loss by deception
Crimes Act 1961 section 241
Everyone who is guilty of obtaining by deception or causing loss by deception is liable as follows:
a) if the loss caused or the value of what is obtained or sought to be obtained exceeds $1,000, to imprisonment for a term not exceeding 7 years:
b) if the loss caused or the value of what is obtained or sought to be obtained exceeds $500 but does not exceed $1,000, to imprisonment for a term not exceeding 1 year:
c) if the loss caused or the value of what is obtained or sought to be obtained does not exceed $500, to imprisonment for a term not exceeding 3 months
Propensity rule
Evidence Act 2006 section 40
1) In this section and sections 41 to 43, propensity evidence -
a) means evidence that tends to show a persons propensity to act in a particular way or to have a particular state of minid, being evidence of acts, omissions, events, or circumstances with which a person is alleged to have been involved; but
b) does not include evidence of an act or omission that is -
i) 1 of the elements of the offence for which the person is being tried; or
ii) the cause of action in the proceeding in question
2) A party mat offer propensity evidence in a civil or criminal proceeding about any person
3) However, propensity evidence about -
a) a defendant in a criminal proceeding may be offered only in accordance with section 41 or 42 or 43, whichever section is applicable; and
b) a complainant in a sexual case in relation to the complainants sexual experience may be offered only in accordance with section 44
4) Evidence that is solely or mainly relevant to veracity is governed by the veracity rules set out in section 37 and, accordingly, this section does not apply to evidence of that kind
Propensity evidence offered by prosecution about defendants
Evidence Act 2006 section 43
1) The prosecution may offer propensity evidence about a defendant in a criminal proceeding only if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.
2) When assessing the probative value of propensity evidence, the Judge must take into account the nature of the issue in dispute
3) When accessing the probative value of propensity evidence, the Judge may consider, among other matters, the following:
a) the frequency with which the acts, omissions, events, or circumstances which are the subject of the evidence have occurred:
b) the connection in time between the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried:
c) the extent of the similarity between the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried
d) the number of persons making allegations against the defendant that are the same as, or are similar to, the subject of the offence for which the defendant is being tried:
e) whether the allegations described in paragraph (d) may be the result of collusion or suggestibility:
f) the extent to which the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried are unusual.
4) When assessing the prejudicial effect of evidence on the defendant, the Judge must consider, among any other matters, -
a) whether the evidence is likely to unfairly predispose the fact-finder against the defendant; and
b) whether the fact-finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts or omissions
Sale by person who is not owner
Contract and Commercial Law Act 2017 section 149
1) This section applies if goods are sold by a person who -
a) is not the owner of the goods; and
b) does not sell the goods under the authority or with the consent of the owner
2) The buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by the owner’s conduct precluded from denying the seller’s authority to sell
Sale under voidable title
Contract and Commercial Law Act 2017 section 151
1) This section applies if -
a) a seller of goods has voidable title to the goods; but
b) the sellers title has not become void at the time of the sale
2) The buyer acquires a good title to the goods if the buyer buys the goods in good faith and without notice of the seller’s defect of title
Revesting of property in stolen goods on conviction of offender
Contract and Commercial Law Act 2017 section 152(2)
2) Despite any other enactment, the property in goods obtained by fraud or other wrongful means that does not amount to theft does not revest in the person who was the owner of the goods (or that persons personal representative) by reason only of the conviction of the offender
Receiving after restoration to owner
Crimes Act 1961 section 246(4)
4) If -
a) any property stolen or obtained by any other imprisonable offence has been returned to the owner; or
b) legal title to any such property has been acquired by any other person, -
a subsequent receiving of it is not an offence, even though the receiver may know that the property has previously been stolen or obtained by any other imprisonable offence
