DECEPTION

Question 1

What is the definition of deception?

Answer 1

s240(2) C.A. 1961
Means
a) A false representation , whether oral, documentary, or by conduct, where the person making the representation intends to deceive and person and
i) Knows that it to be false in a material particular or
ii) is reckless as to whether it is false in a material particular or
b) An omission to disclose a material particular, with intent to deceive any person, in circumstances where there isa duty to disclose it; or
c)A fraudulent device, trick or strategem used with intent to deceive any person.

Question 2

What are the ingredients for attempts?

Answer 2

EAT HATS DAILY

• EVERYBODY
• HAVING the intent to commit an offence
• DOES or omits an act for the purpose of achieving his objective.

Question 3

What is the definition of dishonestly?

Answer 3

Means - in relation to an act or omission, done or omitted without a belief that there was expressed or implied consent to or authority for the act or omission from a person entitled to give such consent or authority.

Question 4

What is the definition without claim of right?

Answer 4

in relation to any act , means a belief at the time of the act that a proprietary or possessory right in property in relation to the which the alleged offence has been committed, although that belief maybe based on ignorance or mistake of fact or any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 5

Haynes v R (Pecuniary Advantage)

Answer 5

A pecuniary advantage is anything that enhances the accused finical position. It is that enhancement which constitutes the elements of advantage.

Question 6

Haynes v R (Belief)

Answer 6

The question is whether the belief was actually held, not whether that belief is reasonable. However, reasonableness maybe relevant as evidence on the issue of whether the belief is actually held.

Question 7

What four things must be held in relation to claim of right?

Answer 7

1) That the belief must be a belief in a proprietary or possessory right in property. (Belief in ownership)
2) That the belief must be about the rights to the property in relation to which the offence is alleged to have been committed.
3) The belief must be held at the time of the conduct alleged to constitute the offence.
4) The belief must be actually held by the defendant. The belief is not required to be reasonable . However reasonableness of the belief is relevant in the determination of the defendants assertion of a credible belief.

Question 8

What is the definition of taking?

Answer 8

s219(4) C.A. 1961 - theft is committed by taking where the defendant moves or causes it to be moved.

Question 9

Haynes v R (Valuable Consideration)

Answer 9

Valuable consideration is anything capable of being valuable consideration. whether of a monetary kind or any other kind, in short money or money’s worth.

Question 10

What is the definition of property?

Answer 10

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

Question 11

What is the definition of service?

Answer 11

R v Cara - directs that a service is limited to financial or economic value, and excludes privileges or benefits.

Question 12

What is the definition of Obtaining? “

Answer 12

s217 C.A. 1961 - in relation to any person, means obtain or retain fro himself or herself or for any other person.

Question 13

What is the story of Haynes v R?

Answer 13

This is a primary school teacher whom was involved in a motor vehicle accident involving a neck injury. She began receiving weekly compensation payments from ACC. She continued to submit medical certificates over an eight year timeframe. This involved her certifying that she could not work. But during that time she was running two successful companies. (1997)

Question 14

R v Misic?

Answer 14

Essentially a document is a thing which provides evidence or information or serves as a record.

Question 15

What is the definition of a document?

Answer 15

s217 C.A, 1961

a) any paper or other material used for writing or printing that is marked with matter capable of being read.
b) any photograph, or any photographic negative, plate, slide, film or microfilm, or any photostatic negative or
c) any disc, tape, wire, sound track, card or other material or device in or on which information, sounds, or other data are recorded, stored (Whether temporary or permanent), or embodied sons to be capable, with to without the aid of some other equipment, of being reproduced or
d) any material by means of which any information is supplied, whether directly or indirectly or by means of any equipment, to any device used for recording or storing or processing information or
e) any material derived, whether directly or indirectly of by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information.

Question 16

Hayne v R (Use of Document)

Answer 16

An unsuccessful use of a document is as much use as a successful one. Essentially it maybe difficult to draw a clear line between use and attempted use.

Question 17

What is required to prove a false representation?

Answer 17

DOGS ROOT RUDY

DECEIVE - Their must be an intent to deceive
REPRESENTATION - there was a representation by the defendant.
REPRESENTATION - that it was false and that the defendant either knew it was false in a material particular or was reckless whether it was false in a material particular.

Question 18

When can goods be obtained by the defendant?

Answer 18

s217 C.A. 1961 - goods are obtained or retained to himself or herself or any other person

Question 19

Representations can be made in three ways. What are these?

Answer 19

• orally
• documentary
• conduct

Question 20

What is the difference between obtaining by deception and theft?

Answer 20

Obtaining by deception the victim willing hands over the property. With theft property is obtained without the owners permission and title is not passed over.

Question 21

When can a person keep title of good fraudulently obtained?

Answer 21

s264 C.A. 1961 is an exemption is when the purchaser subsequently sees the stolen goods to an innocent buyer. This is done prior to the goods having a voidable title.

Question 22

What are the ways that a title of goods is voidable?

Answer 22

1) Through communications to the person whom obtained the property that the title is void. In person, phone call, letter, text phone and email.
2) By advising Police that the vehicle or property has been obtained by fraud.

Question 23

R v Cameron

Answer 23

Recklessness is established when

a) the defendant recognised that there was a real possibility that;
i) His or her actions would bring about the proscribed result and or
ii) the proscribed circumstances existed and
b) Having regard to that risk those actions were unreasonable.

Question 24

When is forgery complete?

Answer 24

Is complete as soon as the document is made with the intent described in subsection (1) of section 256 or with the knowledge described in subsection (2) ADD TO THIS WITH ENHANCED LEARNING

Question 25

Define the term access?

Answer 25

Under s248 C.A. 1961 - Access covers almost all interactions with computers. Requires communicating and instructing a computer system has some form of connection with the computer system through which instructions may pass. (Adams Criminal Law)

Question 26

Explain that actions involved in accessing a computer system?

Answer 26

Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass.

Question 27

For the charge of Accessing a Computer System for Dishonest Purpose under Section 249(2) to be successful, what intents must be proved?

Answer 27

Must prove either two of the following intents

a) Obtained any property, privilege, service, pecuniary advantage, benefit or valuable consideration or
b) Caused loss to any person

Question 28

Explain the distinction between offences under section 249(1) and 249(2) C.A. 1961?

Answer 28

This is reflected in the words "thereby" and "Obtains" 
Section 249(1) is directed at the situation where a person has actually accessed a computer system, obtains the offending material or caused loss, whereas s249(2) is directed at someone who actually accesses the computer system with that intent regardless of the result.

Question 29

Describe a situation when a person may not be physically present at a computer to access it?

Answer 29

A person may not be physically present at a computer but gain access to it via software that remotely infects the computer. This could also be a remote login to the computer system or the cloud.

Question 30

R v Cara

Answer 30

Service is limited to financial or economic value and excludes privileges and benefits.

Question 31

R v Morley

Answer 31

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