Progress Test One

Question 1

State the definition of ‘deception’, as set out in s240(2) CA61

Answer 1

Deception means:
• a false representation whether oral, documentary or conduct by a person intending to deceive any other person AND
• the person knows that it is false in a material particular or is reckless as to whether it is false in a material particular.
• an omission to disclose a material particular with intent to deceive any person
• 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

• there was intent to deceive
• a false representation by the defendant
• the representation was false and 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

When can goods be said to have been ‘obtained’ by a defendant?

Answer 3

Obtain or retain for himself or any other person

Question 4

Representations can be made in three ways, or a combination of three ways. What are these?

Answer 4

• Orally
• documentary
• by conduct

Question 5

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

Answer 5

In theft the property is obtained without the owner’s permission and title is not passed on.

Question 6

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

Answer 6

• s246(4) CA61 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 then the title has been made legal.

Question 7

How can you avoid title?

Answer 7

• Communication to the other person, taking all possible steps to bring it to their notice
• advising police that the property was obtained by fraud

Question 8

When is forgery complete?

Answer 8

As soon as the document is made with the intent described in s256(1) - using it to obtain any property etc - or with the knowledge and intent described in s256(2) - knowing it to be false, with intent it be used as genuine.

Question 9

Define Claim of Right, s2 CA61

Answer 9

A belief at the time of the act in a proprietary or possessory right in property in relation to the offence.

Question 10

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

Answer 10

Recklessness is established if:
• defendant recognized there was a real possibility that:
• their actions would bring about the proscribed result; and/or
• that the proscribed circumstances existed; and
• having regard to that risk that those actions were unreasonable.