Criminal Liabilities

Question 1

Take/obtain document
• Section
• Elements

Answer 1

S228(1)(a) CA61
• Everyone
• With intent to obtain any property etc
• Dishonestly and without claim of right
• Takes or obtains any document

Question 2

Obtain Any Property Etc by Deception
• Section
• Elements

Answer 2

S240(1)(a) CA 61
• Everyone
• By any deception and without claim of right
• Obtains Ownership, possession or control
• Of any property (or any P S B PA VC)
• Directly or indirectly

Question 3

Obtain credit by deception
• Section
• Elements

Answer 3

S240(1)(b) CA61
• Everyone
• By any deception and without claim of right
• In incurring any debt or liability
• Obtains credit

Question 4

Altering Documents Capable of Deriving Pecuniary Advantage
• Section
• Elements

Answer 4

S240(1)(c) CA61
• Everyone
• By any deception and without claim of right
• Induces or causes any other person
• To deliver over / execute / make / accept / endorse / destroy / alter
• Any document or property capable of deriving a PA

Question 5

Cause loss by deception
• Section
• Elements

Answer 5

240(1)(d) CA61
• Everyone
• By any deception and without claim of right
• Causes loss
• To any person

Question 6

What do the following sections relate to: 
• s228(1)(a) CA61
• s228(1)(b) CA61
• s240(1)(a) CA61
• s240(1)(b) CA61
• s240(1)(c) CA61
• s240(1)(d) CA61

Answer 6

• s228(1)(a) - Dishonestly Taking a Document
• s228(1)(b) - Dishonestly Using a Document
• s240(1)(a) - Obtaining Property (etc.) by Deception
• s240(1)(b) - Obtaining Credit by Deception
• s240(1)(c) - Altering Documents Capable of Deriving a Pecuniary Advantage
• s240(1)(d) - Cause Loss by Deception

Question 7

Full Deception Definition

• Will need this for every liability

Answer 7

Deception means:
• a false representation, whether OCD (orally, conduct, documentary)
• where the person making the representation intends to deceive any other person
• and 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,
in circumstances where there is a duty to disclose it.

• a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 8

Within the definition of ‘Deception’ there is a crucial element of ‘a false representation’, what is the requirement for this?
• Will need this for every liability

Answer 8

The representation must be false and the defendant must know or believe that it is false in a material particular, or be reckless whether it is false

Question 9

Three things that will need to be proved regarding the ‘false representation’.
• Will need this for every liability under the discussion of Deception&raquo_space; False Representation

Answer 9

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

Question 10

R v Morley

• Two requirements for the defendants intention to deceive

Answer 10

• An intention to deceive requires that the deception is practiced in order to deceive the affected party.
• Purposeful intent is necessary and must exist at the time of the deception.

Question 11

Intent

• will need to discuss the defendants general intent

Answer 11

two types of intent in criminal law context
• intention to commit the act
• intention to get a specific result

Question 12

Knowledge - three ways to establish knowledge
• will need to discuss that the defendant KNEW that the representation was false in a material particular / or reckless ( Cameron v R)

Answer 12

• admission
• surrounding circumstances
• propensity evidence

Question 13

Obtaining Property (etc.) by Deception.
•  a key element is possession (R v Cox)

Answer 13

R v Cox
Two elements of possession:

• The physical element is actual or potential physical custody or control.
• The mental element is a combination of knowledge (that the substance is in his possession) and intention (to exercise possession).

Question 14

Obtaining Credit by Deception.

• a key element is the obligation to pay and the definition of credit (Fisher v Raven)

Answer 14

Fisher v Raven

Credit refers to the obligation on the debtor to pay or repay and the time given for them to do so by the creditor.

Question 15

Timing of Intention to Deceive
• when discussing the intention to deceive It is an essential element and MUST exist at the time of the act of deception.
• What is the case law?

Answer 15

R v McKay

Credit was obtained on booking in, but the defendant did not possess an intent to deceive at that time.

Question 16

Altering Documents Capable of Deriving a Pecuniary Advantage s240/1/c
• what is the definition of inducement?
• how is inducement proved?
• R v Laverty

Answer 16

Induces
• means to persuade

Proof of Inducement
• false representation was believed AND it was a consequence of that belief that the victim parted with their money.

R v Laverty
• Prosecution must prove that the victim was induced to part with their money by a false representation

Question 17

Altering Documents Capable of Deriving a Pecuniary Advantage s240/1/c
• ‘deliver over’ will be in the discussion, what does this mean?

Answer 17

• to surrender up someone or something

Question 18

Causing Loss by Deception s240/1/d

• R v Morley

Answer 18

Regarding LOSS the prosecution must prove:
• loss was caused by deception
• it was reasonably foreseeable that more than trivial loss would occur
• DO NOT need to prove it was intentionally caused.

Question 19

What is the punishment scale for deception offences?

Answer 19

• over 1000 = 7 years
• between 500-1000 = 1 year
• under 500 = 3 months