Questions

Question 1

What must the Prosecution prove using or attempting to use a document?

Answer 1

That the offender used or attempted to use the document with the intent to obtain the property, service, valuable consideration, pecuniary advantage or valuable consideration.

Question 2

What must be proved for a false representation?

Answer 2

You must prove:
- that there was intent to deceive.
- that there was a representation by the defendant.
- that the representation was false and the defendant either 1) knew it to be false in a material particular OR 2) was reckless whether it was false in a material particular.

Question 3

How can knowledge be established?

Answer 3

Knowledge can be established:
- an admission
- implication from the circumstances surrounding the event
- propensity evidence

Question 4

What is required to be proved in S240(1)(d) Crimes Act 1961?

Answer 4

In R v Morley the court said the prosecution must prove that:
- the loss was caused by a deception
- it was reasonable foreseeable some more than trivial loss would occur but you do not need to prove the loss was intentionally caused.