Progress test 1

Question 1

State the definition of deception as set out in S240(2) of the Crimes Act 1961

Answer 1

(a) A false representation, whether oral, documentary or by conduct, where the person making the representation intends to deceive any other person and:

(i) Knowns that it is false in a material particular
(ii) is reckless as to whether it is false in a material particular;

OR

(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 2

What is required to prove a ‘false representation’?

Answer 2

• Intent to deceive
• Representation by the defendant
• The representation was false; and that the defendant either:
• Knew it to be false in a material particular

OR

• Was reckless whether it was false in a material particular

Question 3

Representation can be made in 3 ways, or in combination of 3 ways. What are these?

Answer 3

1. Orally
2. Documentary
3. Conduct

Question 4

What is the difference between ‘obtaining property by deception’ and ‘theft’ with regard to possession?

Answer 4

The important distinction between theft and obtaining by deception is that in theft, the property is obtained without the owner’s permission and title is not passed on

Question 5

Under what circumstances does a person keep title of goods if they have fraudulently induced another to hand over goods with the intention that title will pass?

Answer 5

Section 246(4)
Is an exception to the rule that you cannot get a better title than the seller.If the original purchaser subsequently sells the goods to an innocent buyer (one who os not aware of the defect in title) then the title has been made legal

Question 6

How can you avoid title?

Answer 6

Title can be avoided by:

1. Communication to B. The taking of all possible steps to bring it to B’s notice eg, by writing a letter, text, phone call etc
2. By advising the police that the vehicle was obtained by fraud

Question 7

When is forgery complete?

Answer 7

As soon as the document is made with the. intent described in subsection (1) of Section 256

OR

with knowledge and intent described in subsection (2)

Question 8

Define Claim of right, Sec 2 Crimes Act 1961

Answer 8

Section 2 CA61 Interpretation:

In relation to any act, means 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, 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 9

What was held in Cameron V R in relation to recklessness?

Answer 9

Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:

(i) his actions would bring about the proscribed result:

AND / OR

(ii) That the proscribed circumstances existed

AND

(b) Having regard to that risk those actions were unreasonable