Obtains by Deception - Property Flashcards
Obtains by Deception - Property
Obtains by Deception - Property
S240(1)(a) CA61
Exceeds $1000 - 7 Years Imp
$500 to $1000 - 1 Year Imp
Under $500 - 3 Months Imp
(1) By deception and without claim of right
(2) Obtains ownership or possession of, or control over
(3) Any property, privilege, service, pecuniary advantage, benefit or valuable consideration, directly or indirectly
R v Morley
Intent to Deceive
R v Morley
An intention to deceive requires the deception is practised
in order to deceive the affected party.
Purposeful intent is necessary and must exist at the time of the deception.
R v Morley
Representations
R v Morley
Representations must relate to a statement of existing fact, rather than a statement of future intention
Claim of Right
S2 CA61
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.
Obtains
S217 CA61
Obtain, in relation to any person, means obtain or retain for himself or herself or for any other person
Possession
R v Cox
R v Cox
Possession involves two elements.
1. the physical element, is actual or potential physical custody or control.
2. mental element is a combination of knowledge and intention:
knowledge in the sense of an awareness by the accused that the substance is in his possession
and an intention to exercise possession.
Special Interest Lien
Definition and Example
Of note only
In general terms, a lien is a right over another’s property to protect a debt charged on that property.
- Garage owner repairing another person’s vehicle, places lien over it until debt is paid.
Control
Means to exercise…
Means to exercise authoritative or dominating influence or command over it.
Property
S2 CA61
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Privilege or Benefit - Definition and Examples
A special…
A special right or advantage.
- Using another person’s gym membership card so that you can use the gym facilities.
- Access to medical services.
- The withdrawal of an assault charge.
- A reduction in sentence for an offence.
Pecuniary Advantage
Hayes v R and Examples
Hayes v R
A pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage.”
- Cash from stolen goods.
- Clothing or cash obtained by a credit or EFTPOS card.
- A discount (by using a student ID card).
- Avoiding or deferring payment of a debt.
Valuable Consideration
Definition and Examples
Anything capable of being valuable consideration, whether of a monetary kind or of any other kind; in short, money or money’s worth.
- Monetary payment in return for goods or services
- Goods given in return for services provided
- Issuing a false invoice to receive payment for goods never supplied
Cameron v R
Recklessness…
Cameron v R
Recklessness is established if:
(a)the defendant recognised that there was a real possibilitythat:
(i)his or her actions would bring about the proscribedresult; and/or
(ii)that the proscribed circumstances existed; and
(b)having regard to that risk those actions were unreasonable.
Deception, a false representation…
Deception means:
a false representantion - oral, documentary, conduct
person making representation intends to deceive
or knows it is reckless in a material particular
an omission to disclose a material particular - with intent to deceive, where there is a duty to disclose
a fraudulent device, trick or stratagem with intent to deceive
