Deception

Question 1

Elements: Crimes Act 1961, section 228(1)(a)

Answer 1

Dishonestly taking or using a document
(Takes)

• Dishonestly
• Without claim of right
• Takes or Obtains
• Any document
• With intent to obtain
• Any property or service or pecuniary advantage or valuable consideration

Question 2

Elements: Crimes Act 1961, section 228(1)(b)

Answer 2

Dishonestly taking or using a document
(Using)

• Dishonestly
• Without claim of right
• Uses or attempts to use
• Any document
• With intent to obtain
• Any property or service or pecuniary advantage or valuable consideration

Question 3

Elements: Crimes Act 1961, section 240(1)(a)

Answer 3

Obtain by deception

• By any deception
• Without claim of right
• Obtain ownership or possession of or control over
• Any property or privilege or service or prcuniary advantage or benefit or valuable consideration
• Directly or indirectly

Question 4

Elements: Crimes Act 1961, section 240(1)(b)

Answer 4

Obtains by deception

• By any deception
• Without claim of right
• in incurring any debt or liability
• Obtains credit

Question 5

Elements: Crimes Act 1961, section 240(1)(c)

Answer 5

• By any deception
• Without claim of right
• Induces or causes any other person to
• Deliver over or execute or make or accept or endorse or destory or alter
• Any document or thing capable of being used to derive a pecuniary advantage

Question 6

Elements: Crimes Act 1961, section 240(1)(d)

Answer 6

Causing loss by deception

• By any deception
• Without claim of right
• Causes loss to any other person

Question 7

Definition: Obtain

Answer 7

obtain or retain for himself or herself or for any other person

Question 8

Definition: Property

Answer 8

includes real and personal property, and any estate or interest in any real or personal property

Question 9

Definition: Pecuniary advantage

Answer 9

Anything that enhances the accused financial position

Question 10

Case Law: Pecuniary advantage and valuable consideration.

Answer 10

Hayes v R

Question 11

Definition: Dishonestly

Answer 11

An act done or omitted without a belief that there was express or implied consent to the act or omission from a person entitled to give such consent or authority.

Question 12

Definition: Claim of right

Answer 12

a belief at the time in a proprietary or possessory right in property

Question 13

Case Law: Uses or attempts to use

Answer 13

Hayes v R(1)

Question 14

Definition: Document

Answer 14

any item that provides evidence of information or serves as a record.

Question 15

Case Law: Document

Answer 15

R v Misic

Question 16

Definition: Deception
(A, B and C)

Answer 16

a) A false representation, whether oral, documentary, or by conduct, where the person making the representation intends 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 or

b) an omission to disclose a material particular, with intent to deceive any person in circumstances where there is a duty to disclose it

c) a fraudulent device, trick or stratagem used with intent to deceive any person

Question 17

What is required to be proved in realtion to deception?

Answer 17

1. that there was an intent to deceive
2. That there was a representation by the Defendant
3. That the representation was false, and that the Defendant either knew it was false or was reckless as to whether it was false

Question 18

Definition: Representation

Answer 18

Something capable of being false so it must contain a proposition of fact

Question 19

Case Law: Intention to deceive

Answer 19

R v Morley(1)

Question 20

The distinction between theft and obtaining by deception

Answer 20

In theft, the property is obtained without the owners permission and title is not passed on

Question 21

Case Law: Possession

Answer 21

R v Cox

Question 22

Case Law: Loss caused by deception

Answer 22

R v Morley (2)

Question 23

Definition: Voidable title

Answer 23

A title obtained by deception, fraud, duress or misrepresentation is called a ‘voidable title’. This means that the title can be voided by the seller.

Until the title is voided, the defrauder has voidable title, and can confer good title on anyone who acquires the goods from him or her in good faith and for the value.

Thus, if an innocent purchaser buys goods that were obtained by deception, then he or she is entitled to good title.

Question 24

What must the prosecution prove in relation to guilty knowledge?

Answer 24

Must prove the Defendant knew that the representation was false in a material particular or was reckless as to its falsity. Absolute certainty is not required.

Question 25

Definition: Debt

Answer 25

Money oweing from one person to another

Question 26

Definition: Liability

Answer 26

Legally enforceable financial obligation

Question 27

Definition: Obtains credit

Answer 27

Obligation must be legally enforceable to pay

Question 28

Definition: Service

Answer 28

Service is limited to financial or economic value, and excludes privileges or benefits (R v Cara)