Deception Flashcards
(29 cards)
Dishonesty uses or attempts to use a document
S228(1)(b)
- Dishonesty
- Without claim of right
- Uses/attempts to use
- Any document
- With intent to obtain any:
Property, service, pecuniary advantage, valuable consideration
Obtains by deception or cause loss by deception (ownership)
S240 (1)(a)
(Changing price tag to get better deal)
- By any deception
- without claim of right
- obtains ownership/ possession/ control over
- Any property, privilege, service, pecuniary advantage, benefit, valuable consideration
- Direct or indirectly
Obtaining by deception (service)
S240 (1)(b)
(Meal at a restaurant)
- By any deception
- Without claim of right
- In occurring debt or liability
- Obtains credit
Cause loss by deception
S240(1)(d)
(Covid at work)
- By any deception
- Without claim of right
- Causes loss to any other person
Dishonesty
Done with belief in consent from a person with authority
Without claim of right
No belief in possessory or proprietary right to property
Uses
Single action or continuing use
Attempts
HAYES V R - Unsuccessful use of a document is much as an attempt as a successful one
Document
R V MISIC - Thing which provides evidence or information or service as a record
Intent
Commit the act, get a specific result,
R V COLLISTER
Property
Real and personal property, estate, or interest
Service
Service is limited to financial or economic value, excl privilege or benefit
Pecuniary advantage
(Cash, sale)
HAYES R V - something that enhances the accused financial position
Valuable consideration
(stocks)
HAYES V R
HAYES V R
(Attempts)
Unsuccessful use of a document is much as attempt as a successful one
R V MISIC
(Document)
Thing which provides evidence or information or service as a record
R V COLLISTER
Words, actions, before, during, after, nature of offence and circumstantial evidence
HAYES V R
(Pecuniary advantage)
Something that enhances the accused financial position
HAYES V R
(Valuable consideration)
Anything capable of being valuable consideration. Money or monies worth
Dishonesty taking or obtaining a document (takes)
S228(1)(a)
- Dishonesty
- Without claim if right
- Takes or obtains
- Any document
- With intent, obtain any:
Property, service, pecuniary advantage, or valuable consideration
Takes
Physically removes the property
Obtains
Means to obtain or retain for himself or any other person
Deception
A false representation used with intent to deceive any person
R V MORLEY
R V MORLEY
(S240(1)(a)
Intention to deceive requires purposeful intent at the time the deception is practiced
