TC SA

Question 1

In relation to 240(2), besides making a false representation by oral what other ways can a false representation be made?

Answer 1

(a) 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 the definition of Obtain as per s217?

Answer 2

Obtain in relation to person means to obtain or retain for himself, herself or any other person

Question 3

In R v Hayes what was held in relation to pecuniary advantage?

Answer 3

A pecuniary advantage is anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage

Question 4

What are the two core elements when it comes to an offence under s220 theft by a person in a special relationship?

Answer 4

(a) That he or she have received property on terms or in circumstances which, to the accused’s knowledge, affect what the accused may do with the property or its proceeds or require the accused to act in accordance with he requirements of another person, and
(b) that the accused intentionally departed from that relevant obligation.

Question 5

What is the difference between forgery and altering and reproduction of a document?

Answer 5

The difference between the offences of forgery and altering or reproducing a document rest in the varying definitions of ‘document’ and ‘intent’.

With forgery, an intent to deceive only is required, not an intent to obtain by deception.

In the offence of altering, concealing, destroying, or reproducing a document. However, in a charge of forgery the document must be a ‘false document’ as defined in section 255 CA1961.

Question 6

Define Claim of Right s2 CA1961

Answer 6

Claim of right, in relation to any, means a belief at the time of the act in a proprietary and 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 7

Define property S2 CA1961

Answer 7

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity,and any debt, and anything in action and any other right or interest

Question 8

Define Credit as per Fisher V Raven

Answer 8

“Credit” refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor. Credit does not extent to an obligation to supply services or goods.

Question 9

Define False Representation under 240(2)

Answer 9

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

(i) Knows that is it false in a material particular, or
(ii) Is reckless as to whether it is false in a material particular.