Deception Flashcards
OBTAINS BY DECEPTION
Section 240 (1)(a)
Crimes Act 1961
7 years, 1 year, 3 months
By any Deception And without claim of right Obtains ownership or possession of or control over any property OR Any privilege OR Service OR Pecuniary advantage OR Benefit OR Valuable Consideration
OBTAIN CREDIT BY DECEPTION
Section 240 (1)(b)
Crimes Act 1961
7 years, 1 year, 3 months
By any Deception And without claim of right In incurring any debt OR Liability Obtains credit
OBTAIN CREDIT BY DECEPTION
Section 240 (1)(d)
Crimes Act 1961
7 years, 1 year, 3 months
By any Deception
And without claim of right
Causes Loss to any person
TAKING/OBTAINING A DOCUMENT
Section 228(a)
Crimes Act 1961
7 Years
With intent to obtain any property OR Service OR Pecuniary advantage OR Benefit OR Valuable Consideration Dishonestly Without Claim of right Takes OR Obtains a document
USES/ATTEMPTS TO USE A DOCUMENT
Section 228 (b)
Crimes Act 1961
7 Years
With intent to obtain any property OR Service OR Pecuniary advantage OR Benefit OR Valuable Consideration Dishonestly Without Claim of right Uses OR Attempts to use a document
Define what is meant by ‘Deception’?
Section 240 Crimes Act 1961
(a) 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 it is false in a material particular or
(ii) Is reckless as to whether it is false in a material particular.
False Representation: The defendant must know or believe that it is false in a material particular or be reckless whether it is false. Absolute certainty is not required. Must intent other person to act upon it as genuine.
R MORLEY
The intent to deceive requires that the deception be practiced in order to deceive the affected party, purposeful intent must exist at the time of deception.
R V LAVERTY
Prosecution must prove that the person parting with the property was induced to do so by the false representation made.
What is the Definition of ‘Claim of Right’?
At the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged ti have been committed, although that belief may be based on ignorance or mistake of the face or of any matter of law than the enactment against which the offence is alleged to have been committed.
Discuss ‘Ownership or possession of or control over’.
Obtain - To obtain or retain for himself or another
Actual Possession - Arises where the thing in question is in a person’s physical custody, it is on or about their person or immediately at hand.
Constructive Possession - Arises when something is not in a person’s physical custody but they have ready access to it or can exercise control over it.
SULLIVAN V EARLY OF CAITHNESS
Possession includes not merely those who have physical custody of firearms.. but also who have firearms under their control at their behest, even though for one reason or another they may be kept at another location.
What are the definitions of Service, Pecuniary advantage, Benefit and Valuable Consideration?
Service - R V CARA - Limited to financial or economic value
Pecuniary advantage - Economic or monetary advantage. ‘Anything that enhances the accused’s financial position.
Benefit - Special right or advantage
Valuable Consideration - Receiving compensation or a fee eg. goods given in exchange for services.
HAYES V R - Anything capable of being of valuable Consideration, whether or monetary kind or ant other kind in short money or money’s worth.
What is meant by ‘in incurring any debt’?
Incurred - To incur, bring upon oneself
Debt - Money owing from one person to another
Liability - Legally enforceable financial obligation to pay, such as the cost of a meal.
What is referred to as ‘Credit’?
FISHER V RAVEN
Refers to the obligation on the debtor to pay or repay in the time given to do so by the creditor. The obligation to pay must be legally enforceable.
R V MCKAY
Intention to deceive must exist when credit obtained.
How is ‘Loss’ defined?
Includes financial and property losses and may also encompass emotional, cultural and intellectual losses.
R V MORLEY
The loss alleged by the victim must have been induced or caused in reliance upon the deception. But the deception need not be the only operative factor, so long as it played a material part in occasioning the loss.
What is the definition of ‘Dishonestly’?
Section 217 - Crimes Act 1961
In relation to an act or omission, means done or omitted without a belief there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
HAYES V R
The question is whether the belief is actually held, not whether that belief is reasonable. Reasonableness may be relevant as evidence on the issue of whether the belief was actually held.
Discuss ‘Takes OR Obtains a document’
Takes - For tangible property, theft is committed by taking when the offence moves the property or caused it to be moved.
Obtains - In relation to any person means obtain or retrain for himself or another person.
Document - Includes:
Paper/material containing anything that can be read
Photos, negatives, or related items
Disc, tapes, cards or other devices/equipment on which information is stored and can be reproduced.
Essentially a document is a thing which provides evidence of information or serves as a record.
Discuss ‘Uses OR Attempts to use a document’
Use - Can include a single action such as handing over a document to its intended recipient or the continuing use of a document.
HAYES V R
Unsuccessful use of a document is as much ‘use’ as a successful one. The concept of attempt relates to the use not to the obtaining of advantage therefore it may be difficult to draw a line between use and attempted to use.
Attempts - Everyone who, having an attempt to commit an offence does or omits an act for the purpose of accomplishing his object, is guilty of an offence to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
