Progress Test Flashcards
State the definition of “deception” as stated in section 240(2)?
A false representation, whether oral, documentary or by conduct where the person making the representation intends to deceive any other person and:
They know it is false in material particular or they are reckless as to whether it is false.
Includes an omission to disclose a material particular with intent to deceive and a fraudulent device, trick or stratagem used with intent to deceive.
What is required to prove a false representation?
-that there was an intent to deceive
- that there was a representation by the defendant
- that the representation was false and that the defendant either:
- knew it to be false in material particular or was reckless whether it was false in material particular.
When can goods be said to have been “obtained” by a defendant?
Section 217 crimes act:
Obtain I. Relation to any person, means obtain or retain for himself or herself or for any other person.
Representations can be made in there way, or a combination of three ways. What are these?
Section 240(2)
-orally
- documentary
- or by conduct
What are the differences between “obtaining property by deception” and “theft” with regard to possession?
An important distinction between theft and obtaining by deception is that in theft the property is obtained without the owners permission and title is not passed on.
Under what circumstances does a person keep title of goods if they have fraudulently induced another to hand over goods Ruth the intention that title will pass?
Section 246(4) is an exception to the rule that you can get better title than the seller. If the offender subsequently sells the goods to an innocent buyer (one who is not aware of the defect in title) then the title has been made legal.
How can you avoid title?
- communication to B (offender ect) the taking of all possible steps to bring it to Bs notice. Eg letters, texts, phone calls.
- be advising the police as soon as the property was obtained by fraud.
When is forgery complete?
Forgery is complete as soon as the document is made with the intent described in section 256(1) or with the knowledge and intent described in subsection (2).
Define claim or right, section 2 crimes act 1961?
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. That belief must be based on ignorance or mistake of face.
What was held in Cameron v R in relation to recklessness?
Recklessness is established if:
- the defendant recognised there was a real possibility his actions would bring about the proscribed result, that the proscribed circumstances existed and having regard to that dish those actions were unreasonable.
Define the term “access” under section 248?
Means instruct, communicate with, store data in, receive data from or otherwise use the resources of the computer system.
Explain what actions would involve accessing a computer system?
Access requires that the person instructing or communicating with the computer system has some form of connect with the system through which that communication may pass.
For a charge of accessing a computer system for dishonest purpose undue section 249(2) to be successful, what must be proved?
It must be proved that offender:
- accessed the computer system
- with the intent to obtain
- property, privilege, pecuniary advantage, service, benefit or valuable consideration or cause loss to any other person.
Explain the distinction between offences under section 249(1) and 249(2) crimes act 1961?
The difference is reflected in the words “thereby” and “obtains”
Section 249(1) is directed at a situation where the person who accessed the computer system, obtains the offending material or causes loss. Section 249(2) is directed at a person who accessed the computer system with that intent, reguardless of outcome.
Describe a situation where a person may not be physically present at a computer to access it?
- a person gaining access to a computer via software that remotely infects it.
